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terms-of-use.html
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---
layout: default
title: Terms of Use
indexed: false
---
<section class="container" role="main">
<br>
<p>
<strong>By using MobileFirst Platform Developer Center, you agree that you are subject to and will comply with the terms of use set forth below as well as the <a href="//www.ibm.com/legal/us/en/">IBM terms of use</a> and the <a href="//www.ibm.com/legal/us/en/copytrade.shtml">IBM Copyright and trademark conditions</a>.</strong>
</p>
<p>As a contributor to MobileFirst Platform Developer Center you agree to adhere to the following terms of use:</p>
<h4>Content publication</h4>
<ul>
<li>By posting content (“User Content”) in MobileFirst Platform Developer Center, you agree to allow anyone with access to the MobileFirst Platform Developer Center to access the content you post. You agree that any discussion you initiate or participate in, or content you post on the Site will be related to IBM products, software, programs, services or associated
technologies.</li>
<li>Do not post or transmit material that is confidential to you or a third party unless such posting or transmittal is in compliance with the Confidential Information section below. Further, you agree that you will not post or transmit material that is proprietary to a third party unless you attained consent from such third party.</li>
<li>Do not post content from, or links to, Internet sites that feature sexual content, gambling, or that advocate intolerance of others. Do not create such content on the MobileFirst Platform Developer Center.</li>
<li>Respect copyright, fair use, and financial disclosure laws. Use appropriate symbols to mark the first occurrence of trademarked terms in your content. Do not post images unless you own the exclusive rights to display the imagery in this context.
By posting images that depict a person or persons, you represent and warrant that you attained consent from and verified the legal age of each person depicted in the image for the distribution, display, and usage of the image in the general
public.</li>
<li>Use common courtesy when posting content: refrain from abusive, obscene, or offensive language, images, or links. Remember that you are providing content for a multicultural audience — things that do not seem abusive, obscene, or offensive
to you might seem so to others.</li>
<li>IBM may add specialized sections or areas of this Site for specific discussion, selected participants, “confidential only” discussion or, may offer for download, software or other materials for which additional terms and conditions
may be applicable. Prior to your participation in such specialized sections or areas or your download of such materials, your acceptance of such additional terms and conditions may be required.</li>
<li>User Content may be made available to third party search engines on the Internet as well as through the Site’s search engine. User Content that you post will be available for use on a global basis by IBM, other participants and others who
are not participants but who view the User Content on the Internet, without royalties or restrictions. IBM, other participants and others who are not participants but who view the User Content on the Internet, may use User Content, in whole
or in part, for any purpose, may create derivative works thereof and may sublicense others to do the same. IBM shall have no obligation to compensate you for any feedback or content that you provide, or requests that you submit on the Site.
Furthermore, IBM does not commit, promise, nor have a legal obligation to deliver any code, functionality, software or other materials due to content you post on the Site.</li>
<li>IBM IS NOT RESPONSIBLE FOR USER CONTENT OR THE ACCURACY OF ANY USER CONTENT POSTED. PARTICIPANTS SHALL REMAIN SOLELY RESPONSIBLE FOR THE USER CONTENT THEY POST. USER CONTENT DOES NOT REPRESENT THE VIEWS OR OPINIONS OF IBM. IBM DOES NOT GUARANTEE
THAT ANY USER CONTENT IS CORRECT OR ACCURATE AND IBM DOES NOT ENDORSE ANY USER CONTENT.</li>
<li>IBM reserves the right, but does not have the obligation, to monitor the Site. IBM is not responsible for what anyone posts on the Site, and postings do not necessarily represent the opinions or positions of IBM.</li>
</ul>
<h4>User privacy</h4>
<ul>
<li>Your MobileFirst Platform Developer Center activity, such as your software downloads, forum posts, and blog comments, will
be publicly accessible.</li>
<li>Show proper consideration for other’s privacy, including not referencing another without his or her permission.</li>
</ul>
<h4>Content republishing</h4>
<ul>
<li>IBM will have the right to republish any material you contribute in the MobileFirst Platform Developer Center environment, including any and all modules on the Site provided on the MobileFirst Platform Developer Center environment, and you expressly grant the right
to IBM to copy and republish the content in any form.</li>
</ul>
<h4>Content removal</h4>
<ul>
<li>IBM also retains the right to decline to post any content, or remove any previously posted User Content in the MobileFirst Platform Developer Center, including any and all modules on the Site at our discretion.</li>
<li>IBM will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please refer to <a href="//www.ibm.com/legal/us/en/dmca.html">IBM’s Digital Millennium Copyright Act Notices</a>.
IBM will terminate without notice participants who are “repeat infringers” of copyrights.</li>
</ul>
<h4>Report abuse</h4>
<ul>
<li>You may report any suspected violations of these Terms of Use, including copyright infringement, abusive language, or inappropriate discussion. To report such violations to IBM, click the "Report abuse" link in the footer of each page.</li>
</ul>
<h4>No Commitment as to Future Direction</h4>
<ul>
<li>References in content on the Site to IBM products, software, programs, services or associated technologies (“IBM Content”) do not imply that they will be available in all countries in which IBM operates. IBM Content, including any
plans contained in content, may change at any time at IBM’s sole discretion, based on market opportunities or other factors, and is not intended to be a commitment to future content, including product or feature availability, in any
way. Statements regarding IBM’s future direction or intent are subject to change or withdrawal without notice and represent goals and objectives only.</li>
<li>Do not use any IBM Content provided on the Site to develop software or services that provide the same or similar functionality.</li>
</ul>
<h4>Code content access</h4>
<ul>
<li>IBM has license agreements governing any code you submit or retrieve on the Site. When you upload code, you are agreeing to be bound by the <a href="//www.ibm.com/developerworks/community/terms/submitUpload?lang=en">Submission of Content Agreement</a>.
When you download code, you are agreeing to be bound by the <a href="//www.ibm.com/developerworks/community/terms/download?lang=en">Download of Content Agreement</a>, unless the code is accompanied by another license or agreement, in which
case such code is governed solely by the license or agreement which accompanies the code.</li>
</ul>
<h4>Confidential information</h4>
<ul>
<li>Unless otherwise stated, all User Content on this Site is deemed NOT to be confidential.</li>
<li>Unless there is a Non-Disclosure Agreement (NDA) in place stating the contrary, any information or material sent to IBM will be deemed NOT to be confidential.</li>
</ul>
<h4>General rights</h4>
<ul>
<li>IBM PROVIDES THIS SERVICE ON AN ‘AS IS’ BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, including but not limited to any warranty relating to noninfringement of any intellectual or other proprietary rights and availability
of the service or of the content posted by any parties using the Site’s content hosting services. IBM will not be liable for any direct or indirect damages, including without limitation, lost profits, lost savings, or any incidental,
special, or other economic consequential damages, even if it has been advised of the possibility of such damages. By using this service, you agree to indemnify IBM against any third-party action based on any content you post in the MobileFirst Platform Developer Center site.</li>
<li>IBM does not give you any express or implied rights or licenses under any intellectual property rights. IBM may change these rules at any time by giving you notice. You accept a change by continuing to use the Site after you have been notified
of the change. Changes are not retroactive. Additional or different terms in any written communication from you are void.</li>
<li>IBM is not responsible for the privacy policies or practices of any non-IBM Web sites that the MobileFirst Platform Developer Center may be linked to.</li>
<li>IBM reserves the right at all times (but will not have an obligation) to terminate your account or a community for any reason (such as violation of these Terms of Use or the IBM terms of use) or no reason at all, with or without notice. We also
reserve the right to access, read, preserve, and disclose any information as we reasonably believe 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.</li>
<li>These Terms of Use are governed by the substantive laws of the State of New York. Any proceedings to resolve disputes relating to the Terms of Use shall be brought in a U.S. Federal Court in the State of New York. You hereby expressly waive the
right to trial by jury in any matter which arises under these Terms of Use.</li>
</ul>
<h4>IBM employees</h4>
<ul>
<li>If you are an IBM employee, you will also follow the <a href="https://www.ibm.com/blogs/zz/en/guidelines.html">IBM Social Computing Guidelines</a>, <a href="https://www.ibm.com/investor/governance/business-conduct-guidelines.wss">IBM Business Conduct Guidelines</a> and your employment agreement with IBM, which you can obtain from your Human Resources contact.</li>
<li>You will appropriately utilize the Non-Disclosure Agreements (NDAs) detailed in the “Confidential discussion” section as a community owner for any confidential discussions or information.</li>
</ul>
</section>