IBM Greenhouse

Terms of Use

These Terms of Use apply when you access and use the IBM Greenhouse website (“Site”).   Please read these Terms of Use carefully before using the Site. You may use the Site only if you first accept these Terms of Use, which constitute a binding agreement between you and IBM. By using the Site you signify your agreement with these Terms of Use, including the Acceptable Use Policy.


IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT IN ANY MANNER USE THE SITE OR PARTICIPATE IN ANY OF THE FUNCTIONALITY OFFERED THEREIN.

Definitions

Access to the Site

You may access and use the Site solely for the purpose of testing and evaluating IBM Software products, features and functionality and related third party Content accessed through the Site.  The Site is not intended for use as a production environment and you are not authorized to use the Site or any Content for productive purposes.  The Site may only be used as permitted under these Terms of Use and Acceptable Use Policy.  Under no circumstances may you resell, redistribute, or sublicense the Site or any Content not owned by you, or use the Site or any Content on a timeshare or service bureau basis, or to operate a website or host an online business unless expressly permitted under another written agreement between you and IBM.  You may not use the Site or any Content for the development, production or marketing of a service or product substantially similar to the Site or programs and services posted on the Site. The Site is provided with Restricted Rights for U.S. Government users.

You agree that IBM is not providing you with access to the Internet in order to use the Site and that you remain responsible for Internet access. Content accessed through the Site may include certain programs and services that are licensed under separate terms and conditions which will be presented to you at the time of downloading or accessing the programs or services.  Your use of such programs or services shall be governed by such separate terms and conditions, in addition to these Terms of Use. You are authorized to use such programs and services solely for evaluation and testing purposes in connection with the Site and for no other purpose, and only for so long as you are authorized to access the Site. 

Third party Content is licensed directly to you under the license terms provided by the third party accompanying the Content. If no such third party license terms are provided, then IBM grants you a nonexclusive, worldwide, irrevocable, royalty-free copyright license to edit, copy, reproduce, publish, publicly display and/or perform, format, modify and/or make derivative works of, translate, rearrange, and distribute the third-party Content or any portions thereof and to sublicense any or all such rights to permit sublicensees to further sublicense such rights, for both commercial and non-commercial use, provided that you abide by the these Terms. IBM does not grant a patent license of any kind with respect to any Content, whether expressed or implied or by estoppel. As a condition of exercising the rights and licenses granted under this Agreement, you assume sole responsibility to obtain any other intellectual property needed.

IBM reserves the right (but shall have no obligation) to monitor your activities on the site and to pre-screen, review, flag, filter, modify, refuse or remove any or all of your Content.

Support and Updates

IBM has no obligation under these Terms of Use to provide support or maintenance services for the Site or any Content. IBM may elect to provide you with support or maintenance services at its sole discretion. Any enhancement and updates to the Site provided by IBM are considered to be part of the Site, and therefore governed by these Terms of Use.

Ownership of Content

IBM does not claim ownership of your Content. You retain your right, title, and interest in and to your Content.  IBM Content is owned by IBM and is copyrighted and licensed, not sold. Third party Content is owned by its respective owner. IBM's decision to include third party Content on the Site does not constitute a recommendation or endorsement by IBM of any particular product, service, company or technology.

Your Content

You are responsible for:

  1. all of your Content including, without limitation, its selection, creation, design, licensing, installation, accuracy, maintenance, testing, backup and support;
  2. all copyright, patent and trademark clearances in all applicable jurisdictions and usage agreements for your Content; and
  3. the selection of controls on the access to and use of your Content.  

You authorize IBM to make changes to the format of your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.  If you choose to transmit your Content to a third party site which may be linked to or accessible by the Service, you are providing IBM with the consent to enable such transmission of your Content, and you remain liable for such transmission.

You represent that you have obtained all rights, licenses and/or consents necessary to allow IBM to host, distribute, cache, record, copy, display and otherwise utilize your Content on the Site, including consents from any third party whose proprietary or personal information is included in your Content.

Acceptable Use

You will not publish, post, upload, record, or otherwise distribute or transmit any Content, or use the Site, in any manner that violates the Acceptable Use Policy, these Terms of Use or applicable law. 

Confidentiality

You agree not to disclose to others your account number and/or password for the Site. You remain responsible for all uses of your account in accordance with these Terms of Use, whether or not actually or expressly authorized by you. All information exchanged is non-confidential. If either of us requires the exchange of confidential information, it will be made under a signed confidentiality agreement.

Third Party Links

Certain features of the Site may permit you to interact or share your Content with third party websites or services. Any web sites linked to or from the Site are not reviewed, controlled, or examined by IBM and IBM is not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of any linked sites or content from the Site does not imply endorsement of the linked site or content by IBM.  If you choose to transmit your Content or provide any other information to such third party websites or services, you agree to be bound by any applicable third party terms of use, and IBM accepts no responsibility or liability for any such third party websites or services.

Disclaimer of Warranties; Limitation of Liability

IBM MAKES NO WARRANTY REGARDING THE OWNERSHIP, NON-INFRINGEMENT, ACCURACY OR VIRUS-FREE NATURE OF THE SITE AND ANY CONTENT. ALL WARRANTIES, INCLUDING EXPRESS AND IMPLIED WARRANTIES, ARE DISCLAIMED. IBM (AND ITS AFFILIATES) ARE NOT LIABLE FOR (i) ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) OR ANY OTHER DAMAGES ARISING IN ANY WAY FROM OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, PERFORMANCE OF THE SITE, PROVISION OF OR FAILURE TO PROVIDE THE SITE, LOSS OF DATA, YOUR ACCESS OR INABILITY TO ACCESS OR USE THE SITE OR YOUR USE AND RELIANCE ON INFORMATION OR CONTENT AVAILABLE ON OR THROUGH THE SITE, INCLUDING VIRUSES ALLEGED TO HAVE BEEN OBTAINED, OR INVASION OF PRIVACY FROM OR THROUGH THE SITE, EVEN IF IBM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER DYSFUNCTION IN, OR DESTRUCTIVE PROPERTIES OF, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, IBM'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnity

You agree to defend, indemnify, and hold harmless IBM and its Affiliates and their officers, directors, employees, consultants, agents, and suppliers from and against any and all third party claims, liabilities, damages, and/or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to:

  1.    Your Content;
  2.    Your use of the Site; 
  3.    Your violation of these Terms of Use, Acceptable Use Policy, or applicable laws;
  4.    actual or alleged infringement by you, or any person accessing the Site using a password or access key belonging to you, of any intellectual property or privacy or other right of any third party; or 
  5.    any unauthorized use of the Site by you, or any person accessing the Site using a password or access key belonging to you.   

For indemnification under this Section, IBM will:

  1.    promptly notify you in writing of the claim; and
  2.    allow you to control, and will cooperate with you in, the defense and any related settlement negotiations. 

Rights in Data

You assign to IBM all right, title and interest in any feedback regarding the Site and any Content that you provide to IBM, including without limitation, feedback in the form of suggestions, ideas, concepts, improvements, reports and any other materials, whether written or oral.  If IBM requires it, you will sign an appropriate document to assign such rights.  To the extent not otherwise covered by your grant under the first sentence of this Section, with respect to any idea, know-how, concept, technique, invention, discovery or improvement, whether or not patentable, related to the Site and any Content and that you provide to IBM, you grant to IBM a non-exclusive, irrevocable, unrestricted, worldwide and paid-up right and license to include the foregoing in any product or service, and to use, manufacture and market any such product or service, and to allow others to do any of the foregoing.

Compliance with Applicable Law

Regardless of your location when you access the Site, you agree to comply with all applicable export control and sanctions laws and regulations, including but not limited to those of the United States. You may not export, re-export, divert, transfer, disclose or permit access to any portion of the Site or Content, directly or indirectly, in violation of any applicable export control or sanctions law or regulation. You are also responsible for complying with all other laws, rules, and regulations that may be applicable to your use of the Site and Content. You agree that the Site and Content shall not be used in support of any prohibited end uses, including but not limited to, nuclear facilities, space or missile, and weapons systems (including chemical and biological) or by any prohibited end users, including but not limited to, nationals of Country Group E, identified in Supplement No. 1 to Section 740 of the U.S. Export Administration Regulations, wherever they may be located. You understand and acknowledge that IBM may use its global resources, including but not limited to, IBM Affiliates and personnel located in various countries, for the delivery of the Service. You shall provide IBM with advance written notice prior to posting Content that requires an export license for IBM to provide the Service as contemplated herein, including access by IBM or IBM Affiliates worldwide.

General

  1. IBM does not warrant that any version of any program or service that is formally released or made commercially available (if any) will be similar to, or compatible with, the features and functionality of the Content posted on the Site.  IBM’s provision of the Site and Content shall not represent a commitment, promise, or legal obligation to deliver any material, code or functionality.  The development, release, and timing of any features or functionality described for our products remains at our sole discretion.
  2. You authorize International Business Machines Corporation and its subsidiaries (and their successors and assigns, contractors and IBM business partners) to store and use your business contact information wherever they do business, in connection with IBM products and services, or in furtherance of IBM's business relationship with you.
  3. IBM reserves the right and sole discretion to suspend or revoke your access to the Site, and/or delete your Content, at any time and for any reason, without notice.
  4. IBM reserves the right and sole discretion to change, limit or extend the availability of the Site or to terminate, modify at any time, temporarily or permanently cease to provide the Site, at any time and for any reason, without notice.
  5. IBM reserves the right to modify these Terms of Use at any time by providing such revised terms to you. Your continued use of the Site or Content posted on the Site constitutes your acceptance to be bound by any such revised terms. 
  6. These Terms of Use, and the relationship between you and IBM resulting from your use or attempted use of the Site or Content, and the resolution of any dispute arising out of that relationship, will all be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles.