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1. Introduction to the IBM Developer Playground

The IBM Developer Playground is a web-based sandbox which enables application developers to discover, try, and build from a catalog of enterprise-grade APIs from IBM API Hub. By accessing the Developer Playground, you agree to these Terms of Use for IBM Developer Playground (“Terms of Use”), as well as the IBM Developer Terms of Use, available at https://developer.ibm.com/terms/ibm-developer-terms-of-use/, which these Terms of Use supplement. In addition, you acknowledge the IBM Privacy Statement, available at http://www.ibm.com/privacy.

These Terms of Use apply to both individuals or enterprises that provide access to Sample Applications (as defined below) and APIs via the Developer Playground (“API Providers”) and who access and use the Sample Applications and APIs through the Developer Playground (“Developers”). In these Terms of Use, “you” or “your” refers to both API Providers and Developers unless otherwise specified, and “we” or “our” refers to IBM.

2. Developer Playground Privacy Information

When you use the Developer Playground, the terms of the IBM Privacy Statement apply. The IBM Privacy Statement is available at http://www.ibm.com/privacy. In accordance with the IBM Privacy Statement, you agree that IBM and its affiliates may process and store your business contact information in connection with providing the Developer Playground wherever they do business.

To access and use the Developer Playground, you are required to create an IBMid or use an existing IBMid. IBM will collect and use the information you provide, including your email address, first name, last name, and country location, in accordance with the IBM Privacy Statement.

In addition to name and email address, you may choose to provide additional information as part of your Developer Profile, including company name, profile picture, product expertise, industry expertise and other information. The information and data that we obtain from you through the Developer Playground enables us to offer the Developer Playground to you, improve IBM services, and provide a personal experience.

Your Developer Profile information is not visible to IBM administrators, but certain account information (your name and email address) may be visible to your enterprise administrators, who may add you to an account.

3. Developer Playground Overview

A. Description of the Developer Playground

The Developer Playground includes a number of tools for Developers to discover, try and build from the APIs available on the API Hub, including sample applications (“Sample Applications”) that demonstrate how APIs from the API Hub may be used. Each Sample Application submission by the API provider includes an executable application, the source code of the application and an Apache license, version 2.0 (the “Licence) which governs the Sample Application and its source code. The Sample Application, its source code and the License are referred to as the Sample Application submission materials in these Terms of Use. Sample Applications are provided by API Providers and stored in the Developer Playground IBM Public GitHub Repository.

In addition to Sample Applications, the Developer Playground gives Developers access to API recommendations, end points and sample generated code for APIs, and readme and tutorial information for each Sample Application.

Each Sample Application corresponds to a specific API Listing in the API Hub. For more information about the API Hub or API Listings, please refer to the API Hub Terms of Use, available at https://developer.ibm.com/terms/ibm-api-hub-terms-of-use/. Developers can view, edit and run Sample Applications and API endpoints for any supported API Listing in the API Hub. Developers can also view, edit and run Sample Application and API endpoints for APIs available under the “Recommended APIs” section of Developer Playground. The list of Recommended APIs is based on the Developer’s previously visited API Listings on the API Hub.

All Sample Applications and their source code are governed by the License. You may be required to accept the terms of the applicable License before using any Sample Application if required by the API Provider.

To run a Sample Application and test API endpoints in the Developer Playground, Developers must already have access to the relevant API key, which Developers must obtain directly from the API Provider. Developers may test no-charge or trial APIs or APIs for which they have purchased a subscription from the API Provider. Developers must purchase a subscription directly from the API Provider, and not from the API Hub or the Developer Playground. Developers can store the API keys associated with any such purchases in their Developer Profile.

Developers can create a Developer Profile in the Developer Playground if they do not already have a Developer Profile in the API Hub. A Developer Profile enables a Developer to:

  • View and manage API subscriptions and saved APIs, including managing API keys obtained from an API Provider;
  • View “Saved Content” including code patterns and tutorials; and
  • View “My Activity Feed” in the dashboard, which displays news and content related to the interests the Developer has selected.

The Developer Playground does not include storage for changes made to Sample Applications or code snippets of API endpoints. Code changes are retained only while a Developer’s session is active. To save and retrieve your changes across sessions, you must use the GitHub login feature. The GitHub Login feature allows you to connect to your personal or enterprise GitHub account to commit & retrieve code from your repository.

B. Right to use the Developer Playground; Ownership

By agreeing to these Terms of Use and the IBM Developer Terms of Use, IBM allows you to access and use the Developer Playground. IBM reserves the right at all times (but will not have an obligation) to terminate your access to Developer Playground for any reason (such as violation of these Terms of Use or the IBM Developer Terms of Use) or no reason at all, with or without notice. IBM also reserves the right to access, read, preserve, and disclose any information as IBM reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce these terms, including investigation of potential violations, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, or safety of IBM, its users, and the public.

Except with respect to the license grants below, IBM and its licensors retain exclusive right, title, and interest in and to (a) the Developer Playground, (b) all visual interfaces, text, graphics, and other content included on the Developer Playground; (c) all underlying technology, software, data, and other materials that implement and/or operate the Developer Playground; (d) any and all modifications and enhancements and derivative works made to (a) through (d); and (e) any and all intellectual property rights in or related to (a) through (d).

4. Rights to Use Sample Applications and APIs

A. Terms Governing Developers’ Use of Sample Applications

The Developer Playground involves use of, or access to, Sample Applications and APIs from IBM and third-party API Providers. For purposes of this Section, IBM is considered an “API Provider” with respect to Sample Applications we offer on the Developer Playground.

Each Sample Application and its source code are licensed under and governed by the terms of the License. Generated sample code of API endpoints (“Sample Code”) is governed by terms and conditions as set forth by API Provider (the “API Terms”), and such API Terms as well as the License are between the API Provider and the Developer. IBM, as the Developer Playground provider, is not party to the either the API Terms or the License, and is not responsible for any support or other claims relating to such APIs. Before using a Sample Application or Sample Code, you are responsible for reviewing, understanding and agreeing to the License or API Terms, as applicable.

API Provider is responsible for including applicable License as part of the Sample Application submission to the Developer Playground IBM Public GitHub Repository. If API Provider does not include License in the Sample Application submission, IBM is not responsible for, and will not be able to, display the License to Developers when using the Developer Playground. API Provider is also responsible for providing the API Terms as part of the API Listing in the API Hub. If API Provider does not include the API Terms in the API Listing, IBM is not responsible for, and will not be able to display, the API Terms to Developers.

API Provider is responsible for monitoring and enforcing the License and applicable API Terms. API Provider acknowledges and agrees that IBM is not responsible, nor has any liability for, any actual or alleged breach of the License governing the use of the Sample Applications by a Developer, or any damages arising from or related to any actual or alleged breach.

B. Submission and Publication of Sample Applications by API Providers

The API Provider represents and warrants that: i) by participating in the Developer Playground as an API Provider, it complies with applicable laws and regulations; ii) to the best of API Provider’s knowledge, the Sample Application submission materials do not infringe any privacy, intellectual property or other right of a third party; iii) the Sample Application submission materials do not contain harmful code; and v) the Sample Application submission materials are, and all modifications, new releases, and new versions thereof will be, in compliance in all material respects with all licensing agreements applicable to all third-party code, including without limitation open source code and freeware included therein or provided in connection therewith.

IBM has the right, but does not have the obligation, to monitor the Sample Application, and may remove any Sample Application at any time in IBM’s sole discretion.

API Provider grants IBM and its Affiliates and a worldwide, royalty free, non-exclusive right and license to take all actions necessary to publish its Sample Application, and its corresponding source code and any Sample Code, display Sample Application, and its corresponding source code and any Sample Code anywhere within the Developer Playground, and 3) make non-material changes to the Sample Application submission materials such as correcting typos, grammatical errors, or broken URLs.

Subject to reasonable use requirements and limitations established by API Provider and provided to IBM, API Provider grants IBM and its Affiliates a worldwide, royalty free, fully-paid up, non-transferrable, non-exclusive right and license to use API Provider’s name and logo, and Sample Application name and/or logo (collectively, the “Marks”) on the Developer Playground, and in external presentations, advertising, and marketing materials for the Developer Playground. IBM will not display the Marks in an inaccurate, derogatory, confusing, or misleading manner, and API Provider may require IBM to correct or remove inappropriate uses of their Marks. Except as expressly provided herein, IBM does not acquire any rights in API Provider’s Marks.

IBM acknowledges that the Sample Application and its source code are the sole property of API Provider and its licensors, and nothing in these Terms of Use confers upon IBM any intellectual property rights in the Sample Application or its source code, except the limited licenses explicitly set forth in these Terms of Use. Except as needed with respect to modifications of the Sample Application submission materials expressly authorized in the licenses granted in this section, nothing in these Terms of Use shall be construed as conferring on IBM any separate right to modify or adapt the Sample Application or the Sample Application submission materials, or prepare derivative works based on the Sample Application or Sample Application submission materials. API Provider represents and warrants that it has the necessary rights in and to the Sample Application (including associated marks and names) to grant IBM the rights specified in these Terms of Use, and to grant Developers the rights specified in the License and the API Terms.

API Provider will defend, hold harmless, and indemnify, including legal fees, IBM and its Affiliates against third-party claims (including Developer claims) that arise or are alleged to have arisen, and/or government fines and penalties that are imposed, as a result of: a) the Sample Application(s) or Sample Application submission materials infringing or misappropriating any intellectual property right or privacy right of a third party; (b) API Provider’s breach of a representation or warranty in these Terms of Use; or (c) a dispute between API Provider and a Developer, in each case provided IBM promptly (i) notifies API Provider in writing of the claim, (ii) supplies information reasonably requested by API Provider, and (iii) allows API Provider to control and reasonably cooperate in the defense and settlement, including mitigation efforts at API Provider’s expense; however, IBM may participate in the proceedings at its option and expense.

As used in this section, “Affiliates” means any entity that Controls, is Controlled by, or is under common Control with, IBM. “Control” and its derivatives mean: (a) the legal, beneficial, or equitable ownership, directly or indirectly, of at least fifty percent (50%) of the aggregate of all voting equity interests in an entity, (b) the right to direct its affairs, and/or (c) the right to control the composition of its board of directors or equivalent body.

C. Other Content on the Developer Playground

The Developer Playground may include links to non-IBM Web sites, including links to API Providers’ sites. IBM is not responsible for such non-IBM Web sites, and makes no claim or representation regarding the quality, content, nature, or reliability of third-party sites accessible by link from the Developer Playground. When you leave the Developer Playground, IBM’s terms and policies no longer govern. IBM is not responsible for the privacy policies or practices of any non-IBM Web sites that Developer Playground may link to. You should review the applicable terms and policies, including privacy and data-gathering practices, of any site to which you navigate from the Developer Playground.

5. Feedback

IBM appreciates your thoughts about the Developer Playground. By submitting suggestions or other feedback about the Developer Playground to IBM, you agree that IBM can use and share (but are not obligated to use or share) such feedback for any purpose without compensation to you.

6. Changes to Terms of Use

IBM may change these Terms of Use at any time. IBM will post any revised Terms of Use to the “Terms and Conditions” page of the Developer Playground. Your continued use of the Developer Playground means you have accepted the revised Terms of Use. IBM recommends that you periodically review the Terms of Use to stay up to date on any changes.

7. No Warranty

IBM provides the Developer Playground “as-is,” with no warranties or guarantees whatsoever. IBM and its affiliates, resellers, distributors, and vendors (collectively, the “IBM Parties”) expressly disclaim, to the fullest extent permitted by law all express, implied, statutory, and other warranties, guarantees, or representations, including without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary and intellectual property rights. Without limitation, IBM makes no warranty or guarantee that information available from the Developer Playground, or access to the Developer Playground, will be uninterrupted, timely, secure or error-free. Some jurisdictions do not allow the exclusion of warranties, so the exclusions in this paragraph may not apply to you.

8. Liability Limitation

You can recover from IBM only direct damages up to US $100.00. To the fullest extent permitted by applicable law, in no event will IBM be liable to you for any indirect, incidental, special, exemplary, or consequential damages of any kind whatsoever related to or arising from the Developer Playground or of any site or resource linked to, referenced, or accessed through the Developer Playground, or for the use or downloading of, or access to, any materials, information, products, or services accessed through the Developer Playground, including without limitation, any lost profits, business interruption, lost savings, or loss of programs or other data.

This exclusion and waiver of liability applies (i) even if IBM is expressly advised of the possibility of such damages, and (ii) to all causes of action, whether based on contract, warranty, tort, or any other legal theories. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

9. Interpreting the Terms of Use; Governing Law

All terms of these Terms of Use apply to the maximum extent permitted by relevant law. If any provision of these Terms of Use is invalid or unenforceable, the remaining provisions remain in full force and effect. Together with the Terms of User for IBM Developer, this is the entire agreement between you and us regarding your use of the Developer Playground. It supersedes any prior contract or statements regarding your use of the Developer Playground. The section titles in the contract do not limit the other terms of this contract. The parties agree to the application of the laws of the State of New York, without regard to conflict of law principles.

10. Assignment

IBM may assign or transfer our rights and obligations under these Terms of Use, in whole or in part, at any time with notice to you. You may not assign these Terms of Use to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use or access the Developer Playground or any part of the Developer Playground.

11. No Third-Party Beneficiaries

The contract formed by these Terms of Use is solely for your and our benefit. It is not for the benefit of any other person.

12. Claim Must Be Filed Within Two Years

You may not bring a legal action arising out of or related to these Terms of Use more than two years after the cause of action arose.

13. Notices IBM Sends You; Consent Regarding Electronic Information

IBM may send you information in connection with the Developer Playground and additional information the law requires us to send you. IBM may provide required information to you by e-mail at the e-mail address you specified when you signed up for the Developer Playground. Notices emailed to you will be deemed given and received when the email is sent. If you do not consent to receive any notices electronically, you must stop using the Developer Playground.

14. Complaints about Content

It is the policy of IBM to respect the intellectual property of others and thus respond to effective notices of alleged infringement of copyright material that is included in the Developer Playground. If you are alleging that copyrighted material may have been or is being infringed, you may notify IBM by following the procedures outlined on IBM’s Digital Millennium Copyright Act Notices page, available here: https://www.ibm.com/legal/us/en/dmca.html.