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Web Site Terms Of Use

Continuous S.A., a public limited liability company ("société anonyme") established under the laws of the Grand-Duchy of Luxembourg, having its registered office at L-4362 Esch-sur-Alzette, 9 avenue des Hauts Fourneaux, registered with the Luxembourg Trade and Companies Register under number B 191.459 (hereinafter "Continuous") is the developer and provider of a platform named "continuousphp" and other Continuous' proprietary tools (as described hereinafter and variously throughout, the "Continuous Services").

The web pages available at https://continuousphp.com and other sites related to the Continuous name, mark or brand (including all sites owned, operated or otherwise used by Continuous related to the Continuous Services) and all pages linked thereto (collectively the "Site"), as well as the Continuous Services offered to, and provided for, Continuous Customers (hereinafter the "Customers") are provided by Continuous and may only be accessed under conditions provided for in the present terms (hereinafter referred to as the "Web Site Terms of Use" or the "Terms").

By accessing the Site, viewing any content or using any services available on the Site (each as defined below), you agree to be bound by these Terms, which together with the Privacy Policy and additional terms and conditions and policies referenced herein and/or available by hyperlink, govern your relationship with Continuous in relation to the Site.

Should you disagree with all or part of these Terms, the Privacy Policy and/or additional terms and conditions and policies referenced herein or do not consent to be bound hereunder, then you may not access the Site or use (or cause to be used) any services offered by or through the Site.

Continuous considers that any browsing, viewing or registration made on behalf of a company, corporation or any business entity in general induces the acceptance of the present Terms by the said business entity.

These Terms may be amended by Continuous from time to time and you are therefore invited to review them periodically. You can review the most current version of these Terms at any time on this page.

1. Description of Site and Continuous Services

This Site offers access to the Continuous Services that provide subscribers with a simple and seamless method for automatically and continuously build, package, test and deploy PHP software applications.

In addition to the Continuous Services itself, this Site also features general information ("General Site Information") we believe may be helpful or of interest to software developers and other members of the Continuous community, as well as information about the Continuous Services ("Services Information").

General Site Information and/or Services Information may consist of (without limitation) documentation, blog entries, tutorials, testimonials, software descriptions, user-generated content, messages, information, data, graphics, news articles, photographs, images, illustrations, software and other such content.

In addition to any other term or condition herein, your access to and use of the Site and/or the Continuous Services, including your access to General Site Content and Services Information and/or use of the Continuous Services, is subject to updates, maintenance, repair or any other reason such as technical malfunction within or outside of Continuous’ immediate control. Continuous reserves the right to suspend or discontinue the availability of the Site or Services and/or any content provided thereupon and/or display or remove any General Site Content or Services Information at any time but with the best effort to notify you in advance. In case of critical emergency, Continuous reserves the right to suspend or discontinue the availability of the Site or Services in its sole discretion and without prior notice.

2. Continuous Visitor and Continuous User

The Site is divided between general site content ("General Site Content") and certain areas, parts and features of the Site are only available to persons who have registered on the Site (a "Continuous User").

Access to the general site content ("General Site Content") does not require registration. Any individual who wishes to browse the Site (a "Continuous Visitor") may access General Site Content (and, where applicable, may submit certain user-generated content to the Site), provided that any Continuous Visitor must, as a prior condition to accessing General Site Content or Services Information, accept the Web Site Terms of Use and comply with the obligations described herein (such acceptance to be evidenced by your ongoing use of the Site).

Continuous Users and Continuous Visitors are thereafter collectively referred to as "Users".

For complete accessand to become a Continuous User, please refer to the Services Terms and Conditions of Use.

3. General Site Content

Certain General Site Content allows for Continuous Visitors’ comments.

Any such comments are the sole responsibility of their authors who acknowledge and agree that they, and not Continuous, are entirely responsible for any comments they post or submit. Continuous expresses no guarantee regarding the accuracy, integrity or quality of the comments issued by Continuous Visitors.

Consequently to their acceptance of the present Web Site Terms of Use, all Users promise not to submit any comments on the Site, or to use the Continuous Services for any purpose, that is unlawful, infringing, impermissible (by contract, law, regulation or otherwise) or prohibited by these Terms, or for any other purpose not reasonably intended by Continuous.

Consequently to their acceptance of the present Web Site Terms of Use, all Users must not to use your access to the Site or the Continuous Services:

  • to abuse, harass, threaten, impersonate or intimidate any person;
  • to post or transmit, or cause to be posted or transmitted, any content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person, or that circumvents (or is intended to circumvent) existing limitations on publication or public dissemination;
  • for any purpose (including posting content or viewing General Site Content) that is not permitted under the laws of the jurisdiction from which you access the Site;
  • to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any User;
  • to create or transmit unwanted ‘spam’ to any person or any URL;
  • to post copyrighted content which doesn’t belong to them, with exception of blog posts, where they may post such content with explicit credit to the source material or original author’s name and a link to the original source material;
  • to use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission;
  • to take any action (or cause that any such action is taken) that (i) imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (ii) interferes or attempts to interfere with the proper working of the Site, the Continuous Services or any activities conducted on the Site or provided by the Continuous Services; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
  • to advertise to, or solicit from, any User to buy or sell any products or services not directly included as Continuous Services, or to use any information obtained from the Site (including the Continuous Services) in order to contact, advertise to, solicit, or sell to any User;
  • to promote or sell General Site Content of any other person or User (including, without limitation, General Site Content provided by Continuous);
  • to sell or otherwise transfer your User profile or account.

Continuous shall show due diligence and make all efforts in order to prevent and put an end to any breach or disrespect of the above paragraph.

Moreover, if, at Continuous’ request, you send certain specific submissions (for example contest entries) or without a request from Continuous you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, you agree that Continuous may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to Continuous.
Continuous is and shall be under no obligation:
(1) to maintain any comments in confidence;
(2) to pay compensation for any comments; or
(3) to respond to any comments.

Continuous may, but have no obligation to, monitor, edit or remove content that Continuous determines in its sole discretion are unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
Continuous takes no responsibility and assumes no liability for any comments posted by you or any third-party.

4. Intellectual property right

The Site and the content provided with the Site, including but not limited to text, graphics, logos, button icons, images, videos, sound and software, is protected by intellectual property rights held by Continuous and/or third parties and may not be copied, reproduced, distributed, posted, downloaded, transmitted or used without the prior consent of Continuous, except that you can download display and print material solely for your personal, non-commercial use, provided that you do not modify the material in any way and that you keep intact all copyright, trademark and other proprietary notices.

Links or pointers to third party websites on the Site are provided solely as a convenience to you. If you use these links, you will leave the Continuous’s Site.
Continuous has not reviewed these third party web sites, does not control them and is not responsible for any of these web sites or their content. If you decide to access any of the third party websites linked to the Continuous’s Site, you do so entirely at your own risk. Complaints, claims, concerns, or questions regarding third party web sites or products/services should be directed to the third party.

6. Security

Security conditions can be found on the Site at the following link: https://continuousphp.com/security-policy/.
Continuous's Security Policy is incorporated into these Terms by this reference. Your activities on any third-party affiliate site (including any Third-Party Affiliate site) are covered by its applicable terms of use and security policy.

7. Disclaimer

While reasonable efforts are used to check and update the Site, all information and materials are provided "as is" and "as available", and shall not be binding nor shall it be construed as constituting any obligation, representation or warranty on the part of Continuous.
The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Site is at your own risk.
The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
Continuous does not guarantee the accuracy, adequacy, completeness, timeliness or fitness for any specific purpose of the information and materials included or referred to in the Site or the reliability of their sources.
In no event shall Continuous be liable for any direct, indirect, incidental, special or consequential damages, damages for loss of profits, revenue, goodwill, use or data, incurred by you or any third party, arising from your access to or use of the Site.

8. Applicable law and competent jurisdiction

This Site is owned and operated by Continuous in Luxembourg. Your access to, browsing and use of Continuous' Site and the present Terms are governed by and shall be construed in accordance with Luxembourg law. You hereby consent to the exclusive jurisdiction of the courts of the city of Luxembourg regarding any and all disputes relating thereto.

9. Contact

If you have any questions or concerns regarding Continuous' Site or the present Terms, please feel free to contact us at info@continuousphp.com) or write us at:

  • Continuous S.A.

Changelog

  • 2015-08-31: Refactored
  • 2015-07-21: First version