dotCloud Terms of Service

Effective as of September 18, 2013

1. Your Agreement with dotCloud

1.1 Your use of the dotCloud service is governed by this agreement (the "Terms"). "dotCloud" means dotCloud, Inc., located at 180 Sansome Street #1600, San Francisco, CA 94104, United States, and its subsidiaries or affiliates involved in providing the dotCloud Services. The “dotCloud Services” means the services dotCloud makes available through this website, including this website, the dotCloud application platform, the dotCloud API, and any other software or services offered by dotCloud in connection thereof. Your use of the docker.io website and the Docker open-source project ("Docker") is likewise governed by the Terms as described in more detail below.

1.2 In order to use the dotCloud Services or Docker, you must first agree to the Terms. You can agree to the Terms by actually using the dotCloud Services or downloading Docker. You understand and agree that dotCloud will treat your use of the dotCloud Services and/or your downloading of Docker or use of the docker.io website as acceptance of the Terms from that point onwards.

1.4 You may not use the dotCloud Services or Docker if you are a person barred from receiving the dotCloud Services or using Docker under the laws of the United States or other countries, including the country in which you are resident or from which you use the dotCloud Services or Docker, or international laws or treaties. You affirm that you are over the age of 13, as the dotCloud Services and Docker are not intended for children under 13. IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THE TERMS. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THE TERMS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD'S USE OF THE DOTCLOUD SERVICES AND DOCKER, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR

1.5 You agree that your use or purchases of dotCloud Services and/or Docker are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by dotCloud or any of its affiliates regarding future functionality or features.

2. Your Account and Use of the dotCloud Services

2.1 You must provide accurate and complete registration information any time you register to use the dotCloud Services. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify dotCloud immediately.

2.2 Your use of the dotCloud Services must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.

2.3 You agree not to (a) access (or attempt to access) the administrative interface of the dotCloud Services by any means other than through the interface that is provided by dotCloud in connection with the dotCloud Services, unless you have been specifically allowed to do so in a separate agreement with dotCloud, or (b) engage in any activity that interferes with or disrupts the dotCloud Services (or the servers and networks which are connected to the Service).

2.4 You may use the dotCloud Services only to develop and run Applications on the dotCloud infrastructure. You may not access the dotCloud Services for the purpose of bringing an intellectual property infringement claim against dotCloud or for the purpose of creating a product or service competitive with the dotCloud Services.

2.5 Your account may have usage limits, as further explained on the dotCloud website or other documentation provided by dotCloud. The dotCloud Services shall not permit you to exceed the hard usage limits. dotCloud reserves the right to enforce soft usage limits in its sole discretion, which may result in dotCloud serving a “quota exceeded” page to you or your end users (“End Users”). Repeated exceeding of the hard or soft usage limits may lead to termination of your account

3. Privacy and Restrictions on Use

3.1 The dotCloud Services and Docker shall be subject to the privacy policy for the dotCloud Services and Docker available at http://www.dotCloud.com/privacy.html You agree to the use of your data in accordance with dotCloud's privacy policies.

3.2 You agree that you will protect the privacy and legal rights of the End Users of your Application. You must provide legally adequate privacy notice and protection for such End Users. If End Users provide you with user names, passwords, or other login information or personal information, you must make the users aware that the information will be available to your Application and to dotCloud.

3.3 The Content displayed and/or processed through your Application or other web site utilizing the dotCloud Services shall not contain any of the following types of content:

a. Content that infringes a third party's rights (e.g., copyright) according to applicable law;

b. Excessively profane content;

c. Hate-related or violent content;

d. Content advocating racial or ethnic intolerance;

e. Content intended to advocate or advance computer hacking or cracking;

f. Gambling;

g. Other illegal activity, including without limitation illegal export of controlled substances or illegal software;

h. Drug paraphernalia;

i. Phishing;

j. Malicious content;

k. Other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights.

3.4 You may not and may not allow any third party, including your End Users, to:

a. Generate or facilitate unsolicited commercial email ("spam"). Such activity includes, but is not limited to:

i. sending email in violation of the CAN-SPAM Act or any other applicable anti-spam law;

ii. imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;

iii. data mining any web property (including dotCloud) to find email addresses or other user account information;

iv. sending unauthorized mail via open, third-party servers;

v. sending emails to users who have requested to be removed from a mailing list;

vi. selling, exchanging or distributing to a third party the email addresses of any person without such person's knowing and continued consent to such disclosure; and

vii. sending unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship.

b. Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content

c. Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;

d. Conduct or forward pyramid schemes and the like;

e. Transmit content that may be harmful to minors;

f. Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email;

g. Illegally transmit another's intellectual property or other proprietary information without such owner's or licensor's permission;

h. Use the dotCloud Services to violate the legal rights (such as rights of privacy and publicity) of others;

i. Promote or encourage illegal activity;

j. Interfere with other users' enjoyment of the dotCloud Services;

k. Sell, trade, resell or otherwise exploit the dotCloud Services for any unauthorized commercial purpose;

l. Modify, adapt, translate, or reverse engineer any portion of the dotCloud Services;

m. Remove any copyright, trademark or other proprietary rights notices contained in or on the dotCloud Services;

n. Reformat or frame any portion of the web pages that are part of the dotCloud Services’ administration display;

o. Use the dotCloud Services in connection with illegal peer-to-peer file sharing;

p. Display any content on the dotCloud Services that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights;

q. Modify the dotCloud logo or any other dotCloud Marks; or

r. Use the dotCloud Services, or any interfaces provided with the dotCloud Services, to access any dotCloud product or service in a manner that violates the Terms or other terms and conditions for use of such dotCloud product or service.

4. Fees for Use of the dotCloud Services

4.1 Subject to the Terms, the dotCloud Services a provided to you without charge up to certain limits. Usage over this limit requires your purchase of additional resources or services. The pricing for additional resources and services can be found at http://www.dotCloud.com (or such URL as dotCloud may provide).

4.2 For all purchased resources and services, we will charge your credit card on a monthly basis or at the interval indicated in dotCloud fees and payment policies, if different. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Charges are exclusive of taxes. You are responsible for paying all taxes and government charges, and all reasonable expenses and attorneys fees dotCloud incurs collecting late amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on dotCloud's measurements of your use of the dotCloud Services, unless otherwise agreed to in writing. To the fullest extent permitted by law, refunds (if any) are at the discretion of dotCloud and only in the form of credit for the dotCloud Services. Nothing in these Terms obligates dotCloud to extend credit to any party. You acknowledge and agree that any credit card and related billing and payment information that you provide to dotCloud may be shared by dotCloud with companies who work on dotCloud's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to dotCloud and servicing your account. dotCloud may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. dotCloud shall not be liable for any use or disclosure of such information by such third parties. dotCloud reserves the right to discontinue the provision of the dotCloud Services to you for any late payments.

4.3 dotCloud may change its fees and payment policies for the dotCloud Services by notifying you at least fifteen (15) days before the beginning of the billing cycle in which such change will take effect. Changes to the fees or payment policies will be posted on the website (or such other URL dotCloud may provide from time to time). Any outstanding balance becomes immediately due and payable upon termination of the Terms for any reason.

4.4 You may not develop multiple Applications to simulate or act as a single Application or otherwise access the dotCloud Services in a manner intended to avoid incurring fees.

5. Content on the dotCloud Services and Take Down Obligations

5.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) to which you may have access as part of, or through your use of, the dotCloud Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content." The term Content shall specifically exclude the web application that you create using the dotCloud Services and any source code written by you to be used with the dotCloud Services (collectively, "Applications").

5.2 dotCloud reserves the right (but shall have no obligation) to remove any or all Content from the dotCloud Services. You agree to immediately take down any Content that violates the Terms, including pursuant to a take-down request from dotCloud. In the event that you elect not to comply with a request from dotCloud to take down certain Content, dotCloud reserves the right to directly take down such Content or to disable Applications.

5.3 In the event that you become aware of any violation of the Terms by an End User of Applications, you shall immediately terminate such End Users' account on your Application. dotCloud reserves the right to disable Applications in response to a violation or suspected violation of the Terms.

5.4 You agree that you are solely responsible for (and that dotCloud has no responsibility to you or to any third party for) the Application or any Content that you create, transmit or display while using the dotCloud Services and for the consequences of your actions (including any loss or damage which dotCloud may suffer) by doing so.

5.5 You agree that dotCloud has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up your Applications and any Content.

6. Proprietary Rights

6.1 You acknowledge and agree that dotCloud (or dotCloud's licensors) own all legal right, title and interest in and to the dotCloud Services and, subject to Sections 7.5 and 8.4 below, Docker, including any intellectual property rights which relates to or subsists in the dotCloud Services or Docker (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

6.2 Except as provided in Section 8, dotCloud acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content or Applications that you create, submit, post, transmit or display on, or through, the dotCloud Services, including any intellectual property rights which subsist in that Content and the Application (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with dotCloud, you agree that you are responsible for protecting and enforcing those rights and that dotCloud has no obligation to do so on your behalf.

7. License from dotCloud and Restrictions

7.1 dotCloud gives you a limited, personal, worldwide, revocable, royalty-free, non-assignable and non-exclusive license to use the software provided to you by dotCloud as part of the dotCloud Services as provided to you by dotCloud. This license is for the sole purpose of enabling you to use and enjoy the benefit of the dotCloud Services as provided by dotCloud, in the manner permitted by the Terms.

7.2 You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the dotCloud Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by dotCloud, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the dotCloud Services or any Applications running on the dotCloud Services.

7.3 Open source software licenses for components of the dotCloud Services released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern your agreement with dotCloud for the use of the components of the dotCloud Services released under an open source license.

7.4 Please refer to our Trademark Usage Guidelines for acceptable and correct use of dotCloud's intellectual property.

7.5 Notwithstanding anything in the Terms to the contrary, Docker is made available to you by dotCloud under, and your use of Docker is subject to, the terms and conditions of the Apache 2.0 License http://www.apache.org/licenses/LICENSE-2.0.html.

8. License from You

8.1 dotCloud claims no ownership or control over any Content or Application. You retain copyright and any other rights you already hold in the Content and/or Application, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying the Content on or through the dotCloud Services you give dotCloud a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content for the sole purpose of enabling dotCloud to provide you with the dotCloud Services. Furthermore, by creating an Application through use of the dotCloud Services, you give dotCloud a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Application for the sole purpose of enabling dotCloud to provide you with the dotCloud Services.

8.2 You may choose to or we may invite you to submit comments or ideas about the dotCloud Services, including without limitation about how to improve the dotCloud Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place dotCloud under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.

8.3 You agree that dotCloud, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the dotCloud Services.

8.4 YNotwithstanding anything in the Terms to the contrary, the following terms and conditions apply to Docker:

a. When you submit, post, upload or otherwise provide any software code (“Code”) via GitHub, all such Code shall be licensed to dotCloud and other licensees under the Apache 2.0 License http://www.apache.org/licenses/LICENSE-2.0.html and otherwise subject to the terms and conditions provided on the GitHub website. dotCloud shall be a licensee of such Code under the Apache 2.0 License. You shall promptly notify us in writing if you do not have the right to grant us such license to your Code.

b. By submitting Code via GitHub, you certify that your Code is in compliance with the Apache 2.0 License, and you hereby represent and warrant that you have all rights, licenses and consents necessary to grant dotCloud and other users the rights and licenses granted herein, and under the Apache 2.0 License, without infringement of any third-party rights.

c. For users posting Code on the GitHub website, you are aware that certain postings of open source encryption code are controlled under U.S. Export Control Classification Number (ECCN) 5D002, License Exemption TSU, which requires notice prior to export by email to the U.S. government. Submit the notification or copy to crypt@bis.doc.gov and to enc@nsa.gov. You are responsible for submitting this email to the U.S. government and Section 740.13(e) of the Export Administration Regulations (“EAR”) 15 C.F.R. Parts 730-772. Docker shall not be distributed or downloaded to or in Cuba, Iran, North Korea, Sudan or Syria and shall not be distributed or downloaded to any person on the Denied Persons List administered by the U.S. Department of Commerce. Note that products which use encryption solely for authentication are deemed 5×992 and the prior notification is not required. For more information see: http://www.bis.doc.gov/encryption/question2.htm.

9. Add-ons

9.1 dotCloud may make available through the DotCloud Services additional features, functionality, and services offered by its third-party partners (“Add-ons”). Your use of Add-ons is subject to these Terms and to the applicable fees. You acknowledge for each Add-on you subscribe to or purchase through the DotCloud Services, these Terms constitute a binding agreement between you and the third party licensor of that Add-on (“the Add-on Provider”) only. The Add-on Provider of each Add-on is solely responsible for that Add-on, the content therein, and any claims that you or any other party may have relating to that Add-on or your use of that Add-on. You acknowledge that you are purchasing the license to each Add-on from the Add-on Provider of that Add-on; DotCloud is acting as agent for the Add-on Provider in providing each such Add-on to you; DotCloud is not a party to the license between you and the Add-on Provider with respect to that Add-on; and DotCloud is not responsible for that Add-on, the content therein, or any claims that you or any other party may have relating to that Add-on or your use of that Add-on. You acknowledge and agree that dotCloud and its affiliates are third party beneficiaries of the agreement between you and the Add-on Provider for each Add-on, and that DotCloud will have the right (and will be deemed to have accepted the right) to enforce such license against you as a third party beneficiary thereof.

9.2 By subscribing to or purchasing an Add-on, you grant DotCloud permission to share your Application, Content, and user information with the Add-on Provider as necessary in order to provide you the Add-on.

9.3 The license granted to you to use any Add-on is personal to you, and is not sublicensable to your End Users. You may not provide or resell Add-ons to others

10. Recommendations

dotCloud may, and you grant us permission to, make recommendations via the dotCloud Services for products or services we think may be of interest to you based on your Application(s), Content, and/or use of the dotCloud Services. We will never make recommendations directly to your End Users.

11. Modification and Termination of the dotCloud Services and Docker

11.1 dotCloud is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the dotCloud Services which dotCloud provides and/or Docker may change from time to time without prior notice to you, subject to the terms in Section 4.3. Changes to the form and nature of the dotCloud Services and/or Docker will be effective with respect to all versions of the dotCloud Services or Docker, as applicable; examples of changes to the form and nature of the dotCloud Services or Docker include without limitation, as applicable, changes to fee and payment policies, security patches, added functionality, and other enhancements.

11.2 You may terminate these Terms at any time by canceling your account on the dotCloud Services or discontinuing your use of Docker. You will not receive any refunds if you cancel your account.

11.3 You agree that dotCloud, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the dotCloud Services may be without prior notice, and you agree that dotCloud will not be liable to you or any third party for such termination.

11.4 You are solely responsible for exporting your Content and Application(s) from the dotCloud Services prior to termination of your account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your Content and Application(s).

11.5 Upon any termination of the dotCloud Services or your account these Terms will also terminate, but Sections 6.1, 11, 12, 13, 14, and 18 shall continue to be effective after these Terms are terminated.

12. EXCLUSION OF WARRANTIES

12.1 NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT DOTCLOUD'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

12.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE DOTCLOUD SERVICES AND/OR DOCKER IS AT YOUR SOLE RISK AND THAT THE DOTCLOUD SERVICES AND DOCKER ARE PROVIDED "AS IS" AND "AS AVAILABLE."

12.3 DOTCLOUD, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE DOTCLOUD SERVICES AND DOCKER, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DOTCLOUD, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE DOTCLOUD SERVICES OR DOCKER WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE DOTCLOUD SERVICES OR DOCKER WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE DOTCLOUD SERVICES WILL BE ACCURATE.

13. LIMITATION OF LIABILITY

13.1 SUBJECT TO SECTION 11.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT DOTCLOUD, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.

13.2 THE LIMITATIONS ON DOTCLOUD'S LIABILITY TO YOU IN SECTION 12.1 ABOVE SHALL APPLY WHETHER OR NOT DOTCLOUD HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

14. Indemnification

You agree to hold harmless and indemnify dotCloud, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "dotCloud and Partners") from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the dotCloud Services or Docker, (c) your violation of applicable laws, rules or regulations in connection with the dotCloud Services or Docker, or (d) your Content or your Application, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, dotCloud will provide you with written notice of such claim, suit or action.

15. Copyright Policy

15.1 You agree to set up a process to respond to notices of alleged infringement that comply with the United States' Digital Millennium Copyright Act ("DMCA notices"). It is dotCloud's policy to respond to DMCA notices or other applicable copyright laws and to terminate the accounts of repeat infringers. We reserve the right to take down content in your Application or, if necessary, the Application itself upon receipt of a valid DMCA notice.

15.2 If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the dotCloud Services or as part of Docker, please notify dotCloud copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:

a. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

b. Identification of the copyrighted work that you claim is being infringed;

c. Identification of the material that is claimed to be infringing and where it is located on the dotCloud Services or in Docker;

d. Information reasonably sufficient to permit dotCloud to contact you, such as your address, telephone number, and e-mail address;

e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

f. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

dotCloud’s Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:

Attention: Copyright Agent

dotCloud, Inc.

180 Sansome Street #1600

San Francisco, CA 94104

Email: dmca [at] dotCloud [dot] com

For clarity, only DMCA notices should go to the dotCloud Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to dotCloud customer service through support [at] dotCloud [dot] com.

16. Other Content

16.1 The dotCloud Services may include hyperlinks to other web sites or content or resources or email content. dotCloud may have no control over any web sites or resources which are provided by companies or persons other than dotCloud.

16.2 You acknowledge and agree that dotCloud is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

16.3 You acknowledge and agree that dotCloud is not liable for any loss or damage which may be incurred by you or your End Users as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

17. Changes to the Terms

17.1 dotCloud may make changes to the Terms from time to time. When such changes are made, dotCloud will make the updated Terms available on its website.

17.2 YYou understand and agree that if you use the dotCloud Services or Docker after the date on which the Terms have changed, dotCloud will treat your use as acceptance of the updated Terms.

18. General Legal Terms

18.1 The Terms constitute the whole legal agreement between you and dotCloud and govern your use of the dotCloud Services (but excluding any services which dotCloud may provide to you under a separate written agreement) and, subject to the terms and conditions of the GitHub website, Docker, and completely replace any prior agreements between you and dotCloud in relation to the dotCloud Services or Docker.

18.2 There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.

18.3 If dotCloud provides you with a translation of the English language version of these Terms, the English language version of these Terms will control if there is any conflict.

18.4 You agree that dotCloud may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the dotCloud Services or the docker.io website. By providing dotCloud your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.

18.5 You agree that if dotCloud does not exercise or enforce any legal right or remedy which is contained in the Terms (or which dotCloud has the benefit of under any applicable law), this will not be taken to be a formal waiver of dotCloud's rights and that those rights or remedies will still be available to dotCloud.

18.6 dotCloud shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.

18.7 The Terms, and your relationship with dotCloud under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and dotCloud agree to submit to the exclusive jurisdiction of the courts located within the county of San Francisco, California to resolve any legal matter arising from the Terms.

18.8 Neither party may assign any of its rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign the entirety of its rights and obligations under these Terms, without consent of the other party, to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party. A party’s sole remedy for any purported assignment by the other party in breach of this paragraph shall be, at the non-assigning party’s election, termination of your use of the dotCloud Services upon written notice to the assigning party.


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