Terms of Use

Last updated: October 22, 2013

Continuuity, Inc. (“Continuuity,” “we,” “us,” or “our”) owns and operates the websites located at www.continuuity.com and www.streamy.com (collectively, the “Site”). These Terms of Use state the terms and conditions under which you may use the Site and the services available through the Site (the “Services”). Please read these Terms of Use carefully. By browsing the public areas or by accessing and using the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Services. These Terms of Use may be updated by us from time to time without notice to you.

The Services.

Through the Site, we offer a developer focused Big Data application development platform that allows Registered Users to build Big Data applications (“Continuuity Reactor Development Kit”). Through the Site, we also offer a single-tenant virtual cloud platform that allows Registered Users to deploy their Big Data applications to the cloud, and run, monitor and manage their Big Data applications (“Continuuity Sandbox Reactor”). Through the Site, we also offer a hosted application called Streamy Lite (“Streamy Lite”).

Registration.

You are welcome to browse the Site as a visitor without providing any information to us. If you would like to use the Services, you will need to register as a user (a “Registered User”) by submitting your email address. We will verify your email address and notify you via email to complete the registration process and you can do so by following the link in the email. During the registration process, you will have to provide your first name, last name, email address and create a password for your account. In order to download the Development Kit, you will be required to agree to additional terms and conditions set forth in the end user license agreement (“End User License Agreement”). If you would like to get a free trial of the Sandbox Reactor, you will be required to agree to additional terms and conditions set forth in the virtual private cloud services trial agreement (“Continuuity Sandbox Reactor Trial Agreement”). You are solely responsible for the confidentiality of your user account, as well as for its use and misuse. We reserve the right to delete your user account at any time and for any reason. With respect to the use of Streamy Lite, you may log in using your Facebook account via Facebook Connect.

Use of Personal Data.

Your use of the Site and/or the Services may involve the transmission to us of certain personally-identifiable information (the “Personal Data”). Our policies with respect to the collection and use of Personal Data, including via Facebook Connect, are governed according to our Privacy Policy which is hereby incorporated by reference in its entirety.

Fees.

You can download the Development Kit and are free to use it in accordance with the Development Kit License. You may also access and use the Sandbox Reactor for a free 30 day trial, subject to the terms and conditions set forth in the applicable written agreement (the “Continuuity Sandbox Reactor Trial Agreement”). If you choose to purchase our production Reactors, Continuuuty Hosted Reactor or Continuuity Enterprise Reactor, you will be required to execute the applicable written agreements and pay the fees set forth in the agreements. For any payment related issues, please contact us at invoices@continuuity.com. Streamy Lite is an application that we host and provide for your use free of charge.

Intellectual Property.

The Site and the Services contain material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Continuuity (collectively referred to as the “Content”). The Content may be owned by us or by third parties, and is protected under both United States and foreign laws. The Content includes the trademarks, service marks, and logos of Continuuity used and displayed on the Site and the Services, which are registered and unregistered trademarks or service marks of Continuuity.
Except as otherwise provided in this Agreement, you have no rights in or to the Content, and you must not:

  • Use the Content except as permitted under this Agreement;
  • Use our trademarks except with our permission for each use;
  • Remove any copyright or other proprietary notices contained in the original Content on any copy you make of the Content;
  • Sell, transfer, assign, license, sublicense, or modify the Content or use the Content for any public or commercial purpose;
  • Use or post the Content on any other website or in a networked computer environment

User Generated Content.

Registered Users may post and/or create content through the Services (hereinafter, “User Generated Content”). We cannot and do not review it all–we are merely acting as a passive conduit for distribution of the User Generated Content. That said, we may remove User Generated Content that does not adhere to our Community Guidelines, or that is offensive or otherwise unacceptable to us in our sole discretion.

Remember, once you submit User Generated Content for inclusion on our Site, it may be accessible by others, including any personally identifying information that you may make available online.
You retain all copyrights and other intellectual property rights in and to anything you upload to the Site, but we need the right to use the User Generated Content that you provide through the Services. You hereby grant us an irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use, reproduce, distribute, publish, publicly perform, and publicly display your User Generated Content and associated works, along with the right to excerpt, analyze, index, and create derivative works from your User Generated Content and associated works, and to likewise use the names, images, likenesses, and photographs of all those affiliated with your User Generated Content.

Community Guidelines.

Continuuity’s community, like any community, functions best when we all follow a few simple rules. By accessing and/or using the Services, you hereby agree that:

  • You will not use the Services for any unlawful purpose;
  • You will not upload, post, e-mail, transmit, or otherwise make available any content that:
  • infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
  • is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, or promotes extreme violence or cruelty to animals, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
  • discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
  • You will not “stalk” or otherwise harass another;
  • You will not spam or use the Services to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, website, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
  • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means; and
  • Let us know about inappropriate content. If you find something that violates our community guidelines, let us know, and we’ll review it.

Unsolicited Information.

By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to us, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide us with any Unsolicited Information. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.

Disclaimer and Limitation of Liability.

YOU ACKNOWLEDGE AND AGREE THAT THIS SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NONE OF CONTINUUITY, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY “CONTINUUITY PARTIES”) WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. CONTINUUITY PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE OR THE SERVICES.

IN NO EVENT SHALL CONTINUUITY PARTIES BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF CONTINUUITY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN NO EVENT SHALL CONTINUUITY PARTIES LIABILITY FOR DIRECT DAMAGES ARISING UNDER THIS AGREEMENT OR RELATING THERETO, EXCEED, ONE HUNDRED DOLLARS ($100). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS CONTINUUITY PARTIES LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE, THE SERVICES OR THE CONTENT IS TO STOP USING THIS SITE.

External Sites.

This Site or the Services may contain links to third-party websites (“External Sites”), but Continuuity does not endorse and is not responsible for the content of any linked External Sites. Please refer to the terms of use and privacy policies of the External Sites for more information.

Indemnification.

You agree to defend, indemnify, and hold Continuuity Parties harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your access to, use, or misuse of the Content, or the Services; (iii) any User Generated Content provided through your account; and (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right.

Compliance with Applicable Laws.

The Site and the Services are based in the United States, and are intended to be used only by residents of the United States that are age 13 years or older. We make no claims concerning whether the Site, the Services or the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site, the Services, or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Termination.
We may terminate this Agreement and your access to all or any part of the Services at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.

Copyright Complaints.

If you believe this Site contains any Content that infringes your copyright, please contact our Copyright Agent, as detailed below, with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.

To contact our Copyright Agent by regular mail, please write to:

Continuuity, Inc. Copyright Agent
Vikram Bhan
150 Grant Avenue, Suite C
Palo Alto, CA 94306

To contact our Copyright Agent by email, please write to info@continuuity.com, with COPYRIGHT NOTICE in the subject line.

Miscellaneous.

In the event that any portion of this Agreement is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. This section, the section entitled Intellectual Property, Indemnification, and the section entitled Disclaimer and Limitation of Liability shall survive the termination of this Agreement. You may not assign this Agreement. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. this Agreement and any other agreements between the parties entered into through this Site shall be governed by and construed in accordance with the laws of the State of California. Except for proceedings commenced by Continuuity to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of California. This Agreement constitutes the entire agreement of the parties concerning this Site, the Services, and the Content and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Site.

Questions or comments regarding this Site, including any reports of non-functioning links, should be submitted using our email address info@continuuity.com or via U.S. mail to 150 Grant Avenue, Suite C, Palo Alto, CA 94306. We try to respond in a timely manner but are not always able to do so.