1. Introduction to the IBM Developer Playground
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
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.
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
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.
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.
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.
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.
11. No Third-Party Beneficiaries
12. Claim Must Be Filed Within Two Years
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.