Open Continuity

Exploring the Canvas of Creativity

Terms & Conditions

Last Updated: May 24, 2024

Welcome to Open Continuity. These Terms and Conditions govern your use of the Open Continuity website (https://opencontinuity.sbs), including all content, functionality, and services offered on or through the site.

By accessing or using our website, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, please do not use our website.

1. Acceptance of Terms

By accessing or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as our Privacy Policy. These Terms constitute a legally binding agreement between you and Open Continuity.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on the website. Your continued use of the website after any changes indicates your acceptance of the modified Terms.

2. Website Use and Access

2.1 Eligibility

You must be at least 16 years old to use our website. By using the website, you represent and warrant that you meet this requirement.

2.2 Account Registration

Some features of our website may require you to register for an account. When you register, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Keep your password confidential and secure
  • Be responsible for all activities that occur under your account

2.3 Prohibited Activities

You agree not to:

  • Use the website in any way that violates applicable laws or regulations
  • Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity
  • Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the website
  • Attempt to gain unauthorized access to the website, user accounts, or computer systems
  • Use any robot, spider, or other automatic device to access the website for any purpose
  • Introduce viruses, trojans, worms, or other material that is malicious or technologically harmful
  • Attempt to decompile, reverse engineer, or disassemble any software contained on the website

3. Content and Intellectual Property

3.1 Website Content

All content on this website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of Open Continuity or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws.

3.2 Intellectual Property Rights

The compilation of all content on this website is the exclusive property of Open Continuity and is protected by international copyright laws. The trademarks, service marks, logos, and trade names displayed on the website are registered and unregistered trademarks of Open Continuity or third parties.

3.3 Limited License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the website for personal, non-commercial purposes. This license does not include:

  • Modifying or copying the materials
  • Using the materials for any commercial purpose
  • Attempting to decompile or reverse engineer any software on the website
  • Removing any copyright or other proprietary notations from the materials
  • Transferring the materials to another person or "mirroring" the materials on any other server

3.4 User-Generated Content

If you post, upload, or submit any content to our website (such as comments, reviews, or forum posts), you grant Open Continuity a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.

You represent and warrant that:

  • You own or control all rights to the content you post
  • The content is accurate and does not violate these Terms
  • The content does not infringe upon the rights of any third party

We reserve the right to remove any content that violates these Terms or that we find objectionable for any reason, without prior notice.

4. User Conduct and Community Guidelines

When interacting with our website and community, you agree to conduct yourself in a respectful and lawful manner. Our community guidelines require that you:

  • Treat other users with respect and courtesy
  • Do not post defamatory, abusive, harassing, threatening, or offensive content
  • Do not post sexually explicit material or content that promotes discrimination or violence
  • Do not engage in spamming, flooding, or other disruptive activities
  • Respect the intellectual property rights of others
  • Do not post false, misleading, or deceptive content
  • Do not collect or store personal data about other users without their permission

We reserve the right to terminate or suspend your access to the website immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason at our discretion.

5. Purchases and Payment

5.1 Product Information

We strive to provide accurate descriptions and pricing for products and services available on our website. However, we do not warrant that product descriptions or other content on the site is accurate, complete, reliable, current, or error-free.

5.2 Pricing and Payment

All prices displayed on the website are in the currency specified and are subject to change without notice. We reserve the right to correct any pricing errors, even after an order has been submitted.

Payment must be made using one of our accepted payment methods. By providing payment information, you represent and warrant that:

  • You have the legal right to use the payment method you provide
  • The payment information you provide is true, correct, and complete

5.3 Order Acceptance

Your receipt of an order confirmation does not constitute our acceptance of your order. We reserve the right to accept or decline your order for any reason, including but not limited to:

  • Product unavailability
  • Errors in product pricing or description
  • Errors in your order

5.4 Refunds and Returns

Our refund and return policies are outlined in our separate Refund Policy, which is incorporated into these Terms by reference.

6. Disclaimer of Warranties

THE WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, AND SERVICES PROVIDED ON THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Open Continuity DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

  • THE WEBSITE WILL MEET YOUR REQUIREMENTS
  • THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
  • THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE
  • THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS
  • ANY ERRORS IN THE WEBSITE WILL BE CORRECTED

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Open Continuity SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE
  • ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE
  • ANY CONTENT OBTAINED FROM THE WEBSITE
  • UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

IN NO EVENT SHALL Open Continuity'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.

THESE LIMITATIONS WILL APPLY EVEN IF Open Continuity HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Indemnification

You agree to indemnify, defend, and hold harmless Open Continuity, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from:

  • Your violation of these Terms
  • Your use of the website
  • Your violation of any rights of another
  • Your user-generated content

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

9. Third-Party Links and Content

Our website may contain links to third-party websites or services that are not owned or controlled by Open Continuity. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that Open Continuity shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

10. Termination

We may terminate or suspend your access to all or part of the website immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms.

Upon termination, your right to use the website will immediately cease. If you wish to terminate your account, you may simply discontinue using the website, or contact us to request account deletion.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms, including any question regarding their existence, validity, or termination, shall be referred to and finally resolved by arbitration under the rules of the London Court of International Arbitration, which rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, United Kingdom. The language to be used in the arbitral proceedings shall be English.

Notwithstanding the foregoing, Open Continuity may seek injunctive or other equitable relief in any court of competent jurisdiction.

12. Changes to These Terms

We may revise these Terms from time to time. The most current version will always be posted on our website, with the effective date clearly indicated.

Your continued use of the website after the revised Terms are posted means that you accept and agree to the changes. We encourage you to check this page periodically for any changes.

If we make material changes to these Terms, we will notify you by email or by placing a prominent notice on our website.

13. Miscellaneous

13.1 Entire Agreement

These Terms, together with any other legal notices and agreements published by Open Continuity on the website, constitute the entire agreement between you and Open Continuity concerning the website and supersede all prior or contemporaneous communications, understandings, and proposals with respect to the website.

13.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

13.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by an authorized representative of Open Continuity.

13.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Open Continuity's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void.

Open Continuity may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

14. Contact Information

If you have any questions about these Terms and Conditions, please contact us at:

Open Continuity

92 Christian Land

Sallyfort, SA16 0HY

United Kingdom

Email: [email protected]

Phone: +44 806 570 4241