This Swift Forum Terms of Service (the “Agreement”) provides information about and governs your participation in one or more discussion forums that are made available by Apple Inc. (“Apple”) to individuals through https://forums.swift.org (the “Swift Forum”). It is a legal agreement between you and Apple so please read it carefully before accessing or using the Swift Forum. By accessing or using any part of the Swift Forum, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access or post to the Swift Forum.
General. Your assent to this Agreement allows you to access and use the Swift Forum in accordance with the terms and conditions of this Agreement. Apple is providing the Swift Forum to you for the purpose of allowing you to engage in discussions with other users (“Participants”) about the Swift programming language and Swift development.
User Account. You will need to establish an account with a unique user name and password combination, or you may use your GitHub account, to post to the Swift Forum (“Account”). Inappropriate or offensive user names, including but not limited to, impersonations of other users, persons or entities, or user names that are otherwise inconsistent with the terms of this Agreement, are not permitted. Further, you agree that user names cannot contain email addresses, website information or other personal contact information. You are responsible for all activity occurring under your Account, and you agree to keep your Account password confidential and not share it with others. You further agree that you will not access or attempt to access the Swift Forum other than through your Account.
Minors. To use the Swift Forum, you must be at least thirteen (13) years old.
Content. The Swift Forum may offer interactive features that allow you to, among other things, submit or post information, materials, data, text, images, documents, code, content or links to third party content (“Content”) on areas of the Swift Forum that are accessible and viewable by other Participants. You represent and agree that any use by you of such features, including any Content submitted or posted by you to the Swift Forum, will be your sole responsibility, will not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste, and that you have obtained all necessary rights, licenses or clearances to disclose all such Content. You further agree to provide accurate information in connection with your submission or posting of any such Content on the Swift Forum and agree to comply with all applicable laws in your use of the Swift Forum.
User Content License. Unless you identify your Content as “Not a Contribution”, any Content submitted by you shall be under the terms of the Swift license found at https://swift.org/LICENSE.txt. To the extent your Content is identified as “Not a Contribution”, you hereby grant Apple and its affiliates in connection with the Swift Forum a worldwide, royalty-free, non-exclusive license to use, modify, distribute and sublicense any Content you submit or post for any purpose, without any compensation or obligation to you. If you do not want to grant the foregoing rights, do not submit or post Content to the Swift Forum.
Feedback. If you provide any ideas, suggestions, or recommendations on this site regarding Apple’s products, technologies or services (“Feedback”), Apple may use such Feedback and incorporate it in Apple products, technologies, and services without paying royalties and without any other obligations or restrictions.
Objectionable Material; No responsibility for Content. You understand that by using the Swift Forum, you may encounter Content that you find offensive, indecent, or objectionable. You agree to use the Swift Forum at your sole risk and agree that Apple shall have no liability to you for Content that you find offensive, indecent, or objectionable. You acknowledge and agree that Apple is not responsible for examining and evaluating the Content provided through the Swift Forum. You understand that Apple does not guarantee the accuracy, integrity or quality of such Content. Apple does not warrant or endorse and does not assume and will not have any liability or responsibility for any Content provided through the Swift Forum, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content.
Removal of Content or Functionality. Apple retains the right, but not the responsibility, to edit, move or remove any Content, including those submissions or posts deemed by Apple to violate this Agreement, the Community Guidelines found at https://swift.org/community/ and the Code of Conduct found at https://swift.org/community/#code-of-conduct. Neither Apple nor the Swift Forum administrators have liability for editing, moving, removing, or continuing to permit the display of any Content. Each of Apple and the Swift Forum administrators reserves the right not to post or publish any Content, and to delete, remove or edit any Content, at any time in its sole discretion without notice or liability. Each of Apple and the Swift Forum administrators have the right, but not the obligation, to monitor any Content posted by you or otherwise available on the Swift Forum, to investigate any reported or apparent violation of this Agreement, and to take any action that either Apple or the Swift Forum administrators in their sole discretion deems appropriate, including, without limitation, under Apple’s Copyright Policy (http://www.apple.com/legal/trademark/claimsofcopyright.html). In addition, each of Apple and the Swift Forum administrators may also impose limits on the use of or access to certain features or portions of the Swift Forum without notice or liability to you.
No Apple Assistance. Apple may, but is under no obligation to, provide technical guidance and other assistance on the Swift Forum. You expressly acknowledge and agree that any information that is provided by Apple or Apple employees is offered on an “AS IS” basis without warranties of any kind, and no licenses to any Apple intellectual property rights, expressly or by implication, estoppel or otherwise, are granted by Apple under this Agreement.
License to Use; Restrictions. Subject to the terms and conditions of this Agreement, Apple grants you a non-exclusive, non-transferable, revocable right to access and use the Swift Forum. You understand that Apple may provide multiple discussion lists within the Swift Forum and you agree to comply with and only post submissions that are relevant to the applicable forum topic on the applicable list. You agree not to exploit any services provided by the Swift Forum in any unauthorized way, including but not limited to, by trespass or burdening network capacity. You agree not to, or not to assist another person to, circumvent or otherwise tamper with security components (if any) of the Swift Forum. You agree not to use the Swift Forum to sell or market your products to others and not to post a URL unless it directly relates to the Swift Forum discussion. If any portion of your submission, including any posted URL, results in any accrual of compensation or benefit to you, you must note this in your post by stating, “I may receive some form of compensation, financial or otherwise, from my recommendation or link.”
Termination; Survival. This Agreement will continue to apply until terminated as set forth below.
If you fail to abide by these terms Apple may remove your Content. Repeated inappropriate Content submitted or posted by you may result in temporary or permanent suspension of your ability to participate in any or all of the areas on the Swift Forum.
If you post or send offensive or inappropriate Content anywhere on or to the Swift Forum or otherwise engage in any disruptive behavior which Apple considers to be serious and/or repeated, Apple may use all available information about you to stop any further infringements. This may include informing relevant third parties such as your employer, school, Internet service provider, or law enforcement authorities of the infringement.
Apple reserves the right to delete any Content, or take action against any Account, at any time, for any reason.
In the event that Apple changes any part of the Swift Forum or suspends or discontinues the Swift Forum, which Apple may do at its election, you acknowledge that you may no longer be able to use such Swift Forum to the same extent as prior to such change, suspension or discontinuation, and that Apple shall have no liability to you or to any third party in such case, including for removing access to any Content.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, the rights granted in Sections 5 and 6 herein, warranty disclaimers, indemnity and limitations of liability.
Indemnification. You agree to indemnify and hold harmless Apple, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Swift Forum, including but not limited to your violation of this Agreement.
User Guidelines; Agreement Changes. You agree to comply with the Community Guidelines and Code of Conduct in connection with your use of the Swift Forum. In addition, if you are contributing code, you agree to comply with the Contributing Guidelines: https://swift.org/contributing/. Apple reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Swift Forum, including revising the Community Guidelines, Code of Conduct and Contributing Guidelines. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as “Additional Terms”) will be effective immediately and are hereby incorporated into this Agreement by this reference. Your continued use of the Swift Forum after Apple has provided notice of such Additional Terms will be deemed to constitute your acceptance of such Additional Terms.
Compliance with Legal Process. Apple reserves the right to takes steps Apple believes are reasonably necessary or appropriate to cooperate with any legal process relating to your use of the Swift Forum or Content (including a third party claim that your use of the Swift Forum or Content is unlawful and/or infringes such third party’s rights). You agree that Apple has the right, without liability to you, to disclose your Account information to law enforcement authorities, government officials, or a third party, as Apple believes is reasonably necessary or appropriate to cooperate with such a legal process.
Warranty Disclaimer. APPLE DOES NOT PROMISE THAT THE SWIFT FORUM, OR ANY CONTENT, SERVICE OR FEATURE OF THE FOREGOING (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF SECTIONS 16 AND 17) WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY FILES, INFORMATION OR OTHER DATA YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY, AND SECURITY. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON OR THROUGH ANY LINKED SITES. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. In no event shall Apple’s total liability to you under this Agreement for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00).
Communications; Notices. By using the Swift Forum, you agree to receive notices and other communications from Apple or the Swift Forum administrators in connection with the Swift Forum. Apple or the Swift Forum administrators may respond to your post or submission directly in the Swift Forum or may attempt to contact you outside the site via email or other method of communication. You agree that any such notices that Apple sends you electronically will satisfy any legal communication requirements. Notices shall become effective immediately.
Governing Law; Dispute Resolution. You agree that all matters relating to your access to or use of the Swift Forum, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Santa Clara County, California, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Apple and you arising out of or in connection with your use of the Swift Forum, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Miscellaneous. No delay or failure to take action under this Agreement will constitute a waiver unless expressly waived in writing, signed by a duly authorized representative of Apple, and no single waiver will constitute a continuing or subsequent waiver. This Agreement will bind your successors but may not be assigned, in whole or part, by you without the written approval of an authorized representative of Apple. Any non-conforming assignment shall be null and void. If any provision is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement constitutes the entire agreement between the parties with respect to your participation in the Swift Forum. No addition to or removal or modification of any of the provisions of this Agreement will be binding upon Apple unless made in writing and signed by an authorized representative of Apple.
Rev December 21, 2017