Last updated December 2, 2015
1. Acceptance of Terms of Service
These Hortonworks Website Terms of Service (the “Terms of Service”) govern your use of the Hortonworks website located at www.hortonworks.com and its related websites, including but not limited to the Hortonworks Community Connection website (collectively, the “Website”). The Website is the property of Hortonworks, Inc. (“Hortonworks”) and its licensors. By using or visiting the Website, you agree to comply with, and be bound by, these Terms of Service and all applicable laws and regulations. The terms “we,” “us,” “our,” and “ours” refer to Hortonworks. The terms “you,” “your,” and “yours” refer to the user or viewer of the Website.
By using the Website, you represent that (1) you have read, understand, and agree to be bound by these Terms of Service, (2) you are of legal age to form a binding contract with Hortonworks, (3) all registration information you submit is truthful and accurate and that you will maintain the accuracy of such information, (4) your registration does not and will not violate any applicable law or regulation, and (5) you have the authority to enter into the Terms of Service personally or on behalf of the company or other organization you have named as the user, and to bind that entity to these Terms of Service. In the event you are agreeing to these Terms of Service on behalf of a company or organization, “you,” “your,” and “yours” will refer to the entity you are representing.
The Website is not intended for use by children, and those under the age of 13 should not proceed to use the Website. We do not knowingly collect personally identifiable information from children under 13 years of age.
Hortonworks reserves the right, at its sole discretion, to change, modify, add to or remove portions of these Terms of Service at any time without notice. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Service, Hortonworks grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website as permitted by these Terms of Service.
Please review these Terms of Service carefully. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE, AND SHOULD IMMEDIATELY EXIT, THE WEBSITE.
All information, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (the “Materials”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Materials (together with the Materials, collectively, the “Content”), contained on the Website, regardless of its source or creation, is owned, controlled or licensed by or to Hortonworks, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws, and Hortonworks reserves and retains all rights in and to such Content.
The name and mark “Hortonworks” and any other names, marks, logos, graphics, designs, webpage designs, and icons of Hortonworks used in connection with the Website are registered or unregistered trademarks, service marks, or trade dress of Hortonworks (the “Marks”). You may not use the Marks other than in connection with any incidental use as necessary to view and access the Website. Without limiting the foregoing, you agree not to use any of the Marks or to use or register any other names or marks that are similar to, or likely to cause confusion with, any of the Marks.
If you register to use the Hortonworks Community Connection area or portions of the Website or other interactive public areas or portions of the Website (collectively, the “Community Forums”), you may have access and be exposed to user community-generated content, information, data, text, software, music, sound, photographs, video, messages, tags or other materials including, without limitation, other users’ contributions of any of the foregoing made available on the Website (the “Community Content”).
Your rights to access, use, copy and distribute any Community Content, is subject to the relevant terms and conditions or license agreement attached to such Community Content, if any. If there are no specific terms and conditions or license agreement attached to such Community Content, the licenses and restrictions set forth in these Terms of Service will apply.
We may perform, but assume no responsibility for, pre-screening or monitoring of the Website for inappropriate Community Content or conduct of users using the Community Forums. If, at any time, Hortonworks chooses, in its sole discretion, to monitor or moderate the Website, we nonetheless assume no responsibility for Community Content, no obligation to modify or remove any inappropriate Community Content, and no responsibility for the conduct of the user submitting any such Community Content.
Hortonworks does not control the Community Content posted on the Website and, as such, does not guarantee the accuracy, integrity or quality of such Community Content. Views expressed by users through Community Content do not necessarily reflect Hortonworks’ views, and Hortonworks does not endorse Community Content posted by you or others.
Despite the prohibitions and guidelines that we set out in these Terms of Service, Community Content provided by other users may, in whole or in part, be unauthorized, impermissible or otherwise violate these Terms of Service. Under no circumstances will Hortonworks be liable in any way for any Community Content or your use or application thereof, including, but not limited to, liability for any errors or omissions in any Community Content or for any loss or damage of any kind incurred as a result of the use of such Community Content. You must evaluate, and bear all risks associated with, the use of such Community Content, including any reliance on its accuracy, completeness, or usefulness. By using the Website, you may be exposed to Community Content that you find to be offensive, indecent or objectionable. Your use of the Website and its content is at your own risk. If you become aware of misuse of the Website or its features by any person, please contact us at: email@example.com. Notwithstanding anything herein to the contrary, we reserve the right, at any time and subject to applicable laws, to remove, reject or refuse to post any Community Content which we deem offensive, objectionable, illicit, indecent, false or misleading, inappropriate, illegal, or otherwise contrary to or inconsistent with the purpose of the Community Forum.
3. Your Use of the Website
You may use information on Hortonworks products and services (such as data sheets, knowledge base articles, and similar materials) purposely and explicitly made available by Hortonworks for downloading from the Website, provided that you (1) retain and do not remove proprietary notice language from any copies of such documents, (2) use such information only for your personal, non-commercial informational purposes and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties to any other party relating to such documents.
Except solely as necessary for you to access the Website for its intended purpose, you may not copy, modify, create derivative works of, translate, distribute, transmit, publish, republish, perform, display, post, download, upload, sublicense, transfer, dispose of, or sell the Content or any portion or components of the Website. You further agree not to reverse engineer, decompile or disassemble any portion of the Website except as, and solely to the extent, expressly authorized under applicable law overriding any of these restrictions. Except as expressly set forth in these Terms of Service, these Terms of Service do not, and shall not be interpreted or construed to, grant to you any license to any intellectual property rights or other proprietary rights, including any implied licenses or licenses granted by estoppel or otherwise.
You may not:
If you register to access and use Community Forums, we may allow you to post or upload content for display on the Website. This may be in the form of participation in support forums, responses to blog posts, or other discussion threads and through other means. If we allow you to access and use such features, please choose carefully the content and information you post on the Website, provide to other users, or otherwise make available through the Website. Your use of is subject to these Terms of Service and our Community Guidelines available at https://community.hortonworks.com/page/community+guidelines. By accessing Community Forums, you acknowledge that you are solely liable and responsible for how you use the Community Forums, any Community Content that you post on or through the Website, any material or information that you transmit to other users, for your interactions with other users, as well as any damages that may result from any of the foregoing.
While using the Website you must comply with all applicable laws, rules and regulations. In addition, Hortonworks expects users of the Website to respect the rights and dignity of others. You agree that you will not:
You acknowledge and agree that Hortonworks reserves the right (but has no obligation) to disclose any Community Content, and the circumstances surrounding its transmission, to any third party (a) in order to operate the Website, (b) in order to protect Hortonworks, its suppliers or licensees and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, and the Website’s users and visitors, (c) to comply with legal obligations or governmental requests, (d) to enforce these Terms of Service, or (e) for any other reason or purpose.
Hortonworks disclaims any responsibility for the Community Content displayed on its Website. Hortonworks assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any Community Content or other user information or personalization settings.
Hortonworks does not, but virtue of these Terms of Service, claim any ownership rights in Your Community Content. After posting Your Community Content to the Community Forum, you continue to retain any such rights that you may have in Your Community Content, subject to the licenses set forth herein. By displaying, publishing or uploading Your Community Content on the Community Forum, or otherwise submitting Your Community Content to us, you acknowledge that Your Community Content is non-confidential and automatically grant to Hortonworks and its affiliates an irrevocable, perpetual, worldwide, fully-paid up, royalty-free, non-exclusive license to use, modify, create derivative works of, publicly perform, publicly display, reproduce, distribute, make, have made, offer for sale, sell (and to sublicense the foregoing rights through multiple tiers of licensees) Your Community Content on or through the Website for any reason and in connection with advertising and promoting the Website (including, for example, through screen shots and blogs) and/or our products and services in any media format and through any media channels now existing or developed in the future. In addition, you represent and warrant that all so-called moral rights in Your Community Content have been waived.
Hortonworks respects the intellectual property of others and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available through the Website any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. You represent and warrant that: (i) you own Your Community Content posted by you on or through the Website or otherwise have the right to grant the licenses set forth above, and (ii) the posting of Your Community Content on or through the Website does not violate the privacy rights, publicity rights, contract rights, intellectual property or any other rights of any person or entity or otherwise violate any applicable laws, rules or regulations. You agree to be fully responsible for, and to pay any and all royalties, fees, damages, and any other monies owing any person or entity by reason of, any content posted by you. We reserve the right to terminate access to all or any part of the Website for anyone we suspect to be an infringer of our or any third party’s intellectual property rights of any kind whatsoever.
From time to time, we may remove Content or Community Content, including Your Community Content, from the Website, permanently or temporarily, provided that even if we do remove such Content or Community Content from the Website, we shall have no obligation to cease our other uses of the Community Content as permitted above.
4. Commercial Transactions
Additional terms and conditions may apply to purchases of products or services and to specific portions or features of the Website, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Service by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Service and the terms posted for, or applicable to, a specific portion of the Website or for any products or services offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the specific products or services.
Hortonworks’ obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such agreements. Nothing herein shall be construed to obligate Hortonworks to enter into or engage with you on any commercial transaction.
Hortonworks may make changes to any products or services offered on the Website, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Website with respect to products and services may be out of date, and Hortonworks makes no commitment to update the materials on the Website with respect to such products and services.
5. Accounts, Passwords and Security
Certain features or services offered on or through the Website may require you to register for and open an account. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Hortonworks immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Hortonworks or any other user of, or visitor to, the Website due to someone else using your ID, password or account.
You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. Hortonworks cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Registration for an account is void where the user lacks the eligibility for registration or such registration is otherwise prohibited. A person who is eligible and desires to create an account may, upon consenting to these Terms of Service, submit an application to register in accordance with the procedures set forth by Hortonworks. Hortonworks reserves the right, in its sole discretion, to deny, restrict, suspend, discontinue, or terminate your account, with or without prior notice or explanation, for any or no reason, without any liability to you.
7. Links to Third Party Websites
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, INCLUDING ANY CONTENT, APPLICATIONS OR MATERIALS PROVIDED BY OR ON THE WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND HORTONWORKS HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
HORTONWORKS CANNOT AND DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE WEBSITE. HORTONWORKS SPECIFICALLY DOES NOT MAKE ANY CLAIM OR WARRANTY THAT THE SERVICES OR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE AND ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY CONTENT OR ANY USER COMMUNICATION OR MESSAGE. HORTONWORKS DOES NOT REPRESENT OR WARRANT THAT APPLICATIONS, CONTENT, DATA, OR MATERIALS ON THE WEBSITE OR DOWNLOADED THROUGH THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR THAT THE WEBSITE OR ANY APPLICATIONS OR CONTENT PROVIDED BY HORTONWORKS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HORTONWORKS CANNOT AND DOES NOT GUARANTEE THAT ANY DEFECTS, ERRORS OR OMISSIONS WILL BE CORRECTED, REGARDLESS OF WHETHER HORTONWORKS IS AWARE OF SUCH DEFECTS, ERRORS OR OMISSIONS.
TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE EXCLUSIONS AND DISCLAIMERS OF WARRANTIES AS SET FORTH IN THIS SECTION 8, SOME OR ALL OF THE ABOVE EXCLUSIONS AND DISCLAIMERS MAY NOT APPLY TO YOU, IN WHICH CASE ALL WARRANTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS, AND WAIVERS OF LIABILITY SET FORTH IN THIS SECTION 8 SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF THESE TERMS OF SERVICE OR YOUR USE OF THE WEBSITE.
9. Limitation of Liability
IN NO EVENT SHALL HORTONWORKS, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND/OR ASSIGNS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA, ARISING OUT OF, OR RESULTING FROM, YOUR USE OF THE WEBSITE, EVEN IF HORTONWORKS IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF SERVICE, HORTONWORKS IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE OR ANY CONTENT, HORTONWORKS’ AGGREGATE LIABILITY, REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNT OF ANY FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF OR ON THE WEBSITE PAID BY YOU TO HORTONWORKS IN THE TWELVE MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST HORTONWORKS (BUT NOT INCLUDING THE PURCHASE PRICE FOR ANY HORTONWORKS PRODUCTS OR SERVICES PURCHASED UNDER SEPARATE CONTRACT TERMS), OR (B) US $100.00. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES AS SET FORTH IN THIS SECTION 9 AND THESE TERMS OF SERVICE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE HORTONWORKS’ LIABILITY TO YOU WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THESE LIMITATIONS OF LIABILITY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 9 SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF SERVICE OR YOUR USE OF THE WEBSITE.
By submitting ideas, feedback, suggestions, documents, and/or proposals (“Contributions”) to Hortonworks through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information of yourself or any third party; (b) Hortonworks is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Hortonworks shall be entitled to exploit, use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Hortonworks may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Hortonworks without any obligation of Hortonworks to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Hortonworks under any circumstances.
You agree to indemnify, defend and hold harmless Hortonworks, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from and against any and all claims, demands, losses, damages, costs and liability, and expenses (including reasonable attorneys’ fees and costs of investigation) arising out of or in connection with (a) your use of the Website, including without limitation Your Community Content or Contributions submitted through the Website, (b) your breach of these Terms of Service, including your breach of any covenant, representation, warranty, term, or condition set forth herein, including, without limitation, the obligations set out in the section “Your Use of the Website,” or (c) your violation of any law or regulation or of any third party rights, including infringement, libel, misappropriation, or other violation of any third party’s intellectual property or other legal rights. Hortonworks reserves the right, however, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Hortonworks’ defense of such claim, and in no event may you agree to any settlement affecting Hortonworks without Hortonworks’ written consent.
12. Suspension or Termination of Access to the Website
You agree that Hortonworks may, in its sole discretion and with or without prior notice, suspend or terminate your access to the Website and/or block your future access to the Website if we determine that you have violated these Terms of Service. Additionally, Hortonworks may, in its sole discretion and with or without prior notice, suspend or terminate your access to the Website for cause, including, but not limited to, the following reasons: (1) requests by law enforcement or other government agencies, (2) discontinuance or material modification of the Website or any Service offered on or through the Website, (3) unexpected technical issues or problems, or (4) a request by you to terminate your account.
13. DMCA Notice of Infringement
Hortonworks respects the intellectual property rights of others, and we expect users of our Website do the same.
If you believe that the use or display of any Content on the Website infringes any copyright that you own or control, please contact Hortonworks’ designated agent for copyright claims at:
5470 Great America Parkway
Santa Clara, CA 95054
Attn: Legal Department, DMCA Notice Agent
When providing notification of alleged infringement of a copyright that you own or control (“DMCA Notice”), please provide Hortonworks’ designated agent the following information:
14. Governing Law; Disputes
These Terms of Service and the relationship between you and Hortonworks shall be governed by the laws of the State of California as applied to agreements made, entered into and performed entirely in California by California residents, not withstanding your actual place of residence. All lawsuits arising from or relating to these Terms of Service or your use of the Website shall be brought in the Federal or State courts located in Santa Clara County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
15. Export Control
You acknowledge and agree that products, services and technology provided by Hortonworks are subject to the export control laws and regulations of the United States. You agree to comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer the Website or any portions or Content thereof, either directly or indirectly, to any country in violation of such laws and regulations. You may not use, export, import or transfer the the Website or any portions or Content thereof except as authorized by U.S. law, the laws of the jurisdiction in which you obtained access, and any other applicable laws. In particular, but without limitation, the the Website and any portions or Content thereof may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the Website, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also acknowledge and agree that you may not use the Website or any portions or Content thereof for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
16. Cautionary Statement Regarding Forward-Looking Statements
The Website contains forward-looking statements involving risks and uncertainties. Such forward-looking statements generally relate to future events, our ability to increase the number of support subscription customers, the growth in usage of the Hadoop framework, our ability to innovate and develop the various open source projects that will enhance the capabilities of the Hortonworks Data Platform and our other supported products, anticipated customer benefits and general business outlook. In some cases, you can identify forward-looking statements because they contain words such as “may,” “will,” “should,” “expects,” “plans,” “anticipates,” “could,” “intends,” “target,” “projects,” “contemplates,” “believes,” “estimates,” “predicts,” “potential” or “continue” or similar terms or expressions that concern our expectations, strategy, plans or intentions. You should not rely upon forward-looking statements as predictions of future events. We have based the forward-looking statements contained on the Website primarily on our current expectations and projections about future events and trends that we believe may affect our business, financial condition and prospects. We cannot assure you that the results, events and circumstances reflected in the forward-looking statements will be achieved or occur, and actual results, events, or circumstances could differ materially from those described in the forward-looking statements.
The forward-looking statements made on the Website relate only to events as of the date on which the information is posted, and we undertake no obligation to update any such information.