Terms of use

By viewing and using the IBM Design site, you agree that you are subject to and will comply with the terms of use set forth below as well as the IBM terms of use and the IBM Copyright and trademark information. As a consumer of the IBM Design site and IBM Design Language content, you agree to adhere to the following terms of use:

User privacy

Your profile, which includes your name, display name and language preference plus any other information you elect to make public, together with your IBM Design site activity, such as your software downloads, forum posts, and blog comments, will be publicly accessible. Show proper consideration for other’s privacy, including not referencing another without his or her permission.

Content removal

IBM also retains the right to decline to post any content, or remove any previously posted User Content in the IBM Design community environment, including any and all modules on the Site at our discretion.

IBM will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please refer to IBM’s Digital Millennium Copyright Act Notices. IBM will terminate without notice participants who are “repeat infringers” of copyrights.

No commitment as to future direction

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.

Do not use any IBM Content provided on the Site to develop software or services that provide the same or similar functionality.

Code content access

IBM has license agreements governing any code you submit or retrieve on the Site. When you download code, images, videos, or other downloadable content from the Site, you are agreeing to be bound by the Download of Content Agreement 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.

Confidential information

IBM has Non-Disclosure Agreements (NDAs) governing any confidential discussion or materials that you participate in, submit or retrieve on the Site. Confidential areas of the Site will be marked as confidential, and you will be presented with the applicable NDA prior to being granted access to a confidential area. For IBM only confidential discussion or materials, you may be required to agree to be bound by the IBM Confidential Disclosure Agreement. For mutual confidential discussion or materials between IBM and third parties, you may be required to agree to be bound by the Mutual Confidential Disclosure Agreement.

If an existing NDA exists between you and IBM or your company and IBM that governs any confidential discussions or materials you participant in, submit or retrieve on the Site, the existing NDA shall govern your exchanges with IBM.

Unless there is an NDA in place stating the contrary, any information or material sent to IBM will be deemed NOT to be confidential.

General rights

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 on the IBM Design community.

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. IBM is not responsible for the privacy policies or practices of any non-IBM Web sites that the IBM Design site may be linked to.

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.

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.

IBM Employees

If you are an IBM employee, you will also follow the IBM Social Computing Guidelines, IBM Business Conduct Guidelines and your employment agreement with IBM, which you can obtain from your Human Resources contact.

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.

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