Terms of Service

Decia LLC welcomes feedback on this document and policy as the 1Schema service is currently in an early testing stage. As 1Schema evolves over the next several months, we expect to incorporate improvements in response to community feedback. Send comments to feedback@1schema.com.

1Schema Terms of Service

Welcome to 1Schema! Before you register for your 1Schema account, you must read and agree to these 1Schema Terms of Service and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement"):

Although we may attempt to notify you via your email address when major changes are made, you should visit the “Terms of Service” page periodically to review the terms. Decia LLC may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the 1Schema service.

Nothing in this Agreement shall be deemed to confer any third party rights or benefits.

1. Description of Service. 1Schema (the "Service") is a free, business logic development platform from Decia LLC. You understand and agree that the Service may include content-targeted ads or other related information, as further described below. In addition, you understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. Decia LLC disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service.

Decia LLC also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.

2. Personal Use. The Service is made available to you for your personal use only. Due to the Children's Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. Decia LLC reserves the right to refuse service to anyone at any time without notice for any reason.

3. Proper Use. You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement.

You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Decia LLC; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates the Terms of Service, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Decia LLC reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

In addition to (and/or as some examples of) the violations described above, users may not:

·         Generate or facilitate unsolicited commercial email ("spam")

·         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

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

·         Conduct or forward pyramid schemes and the like

·         Transmit content that may be harmful to minors

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

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

·         Use 1Schema to violate the legal rights (such as rights of privacy and publicity) of others

·         Promote or encourage illegal activity

·         Interfere with other 1Schema users' enjoyment of the Service

·         Create multiple user accounts or create user accounts by automated means or under false or fraudulent pretenses

·         Modify, adapt, translate, or reverse engineer any portion of the 1Schema Service

·         Remove any copyright, trademark or other proprietary rights notices contained in or on the 1Schema Service

·         Reformat or frame any portion of the web pages that are part of the 1Schema Service

·         Use the 1Schema Service in connection with illegal peer-to-peer file sharing

You must promptly notify Decia LLC of any breach of security related to the Services, including but not limited to unauthorized use of your password or account. To help ensure the security of your password or account, please sign out from your account at the end of each session.

4. Content of the Service. Decia LLC takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does Decia LLC have any obligation to monitor such third party content. Decia LLC reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. Decia LLC also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of Decia LLC, its users and the public. Decia LLC will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

5. Intellectual Property Rights.

Decia LLC's Intellectual Property Rights. You acknowledge that Decia LLC owns all right, title and interest in and to the Service, including without limitation all intellectual property rights (the " Decia LLC Rights"), and such Decia LLC Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.

The Decia LLC Rights include rights to (i) the Service developed and provided by Decia LLC; and (ii) all software associated with the Service. The Decia LLC Rights do not include third-party content used as part of Service, including the content of communications appearing on the Service.

Your Intellectual Property Rights. Decia LLC does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your 1Schema account.  We will use your content as necessary to provide you with the Service, or as otherwise provided in these Terms of Service.

6. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to Decia LLC to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

7. Privacy. As a condition to using the Service, you agree to these terms, as may be updated from time to time. Decia LLC understands that privacy is important to you. You do, however, agree that Decia LLC may monitor, edit or disclose your personal information, including the content of your communications and models, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Service. Personal information collected by Decia LLC may be stored and processed in the United States or any other country in which Decia LLC Inc. or its agents maintain facilities. By using 1Schema, you consent to any such transfer of information outside of your country.

8. Advertisements. As consideration for using the Service, you agree and understand that Decia LLC will display ads and other information adjacent to and related to the content of your communications and/or models. 1Schema serves relevant ads using a completely automated process that enables Decia LLC to effectively target dynamically changing content, such as models. No human will read the content of your models in order to target such advertisements or other information without your consent, and no model content or other personally identifiable information will be provided to advertisers as part of the Service.

9. Account Inactivity. After a period of inactivity, Decia LLC reserves the right to disable or terminate a user's account. Currently, Decia LLC will terminate your account if you fail to login to your account for a period of six months, but Decia LLC reserves the right to change this period at any time.

If an account has been deactivated for inactivity, the username associated with that account may be given to another user without notice to you or such other party.

10. Publicity. Decia LLC's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features") may not be used without express written consent of Decia LLC.

11. Termination; Cancellation. You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by providing written notice to Decia LLC; provided, however, that a terminated account may continue to exist for up to two business weeks from date of receipt before such cancellation takes effect. Decia LLC may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or unless Decia LLC has previously canceled or terminated your use of the Services (in which case subsequent notice by Decia LLC shall not be required), if you have provided an alternate email address, Decia LLC will notify you via email of any such termination or cancellation, which shall be effective immediately upon Decia LLC's delivery of such notice. Sections 3, 4, 5, 7, and 11 - 13 of the Agreement, along with all other applicable provisions of these Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination.

12. Indemnification. You agree to hold harmless and indemnify Decia LLC, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of or interaction with the Service, 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, Decia LLC will provide you with written notice of such claim, suit or action.

13. Choice of Law; Jurisdiction. These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Sacramento County, California, and you consent to the jurisdiction of such courts.

 

 

Changes in Terms and Conditions and Decia LLC “1Schema”Service

We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.

Disclaimer of Warranties

Decia LLC disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the DECIA LLC SERVICES results or in any values directly exported or derived from any exports of the 1Schema system. Decia LLC disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Decia LLC disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the DECIA LLC SERVICES.

THE DECIA LLC SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE DECIA LLC SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. DECIA LLC AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF PROPRIETARY RIGHTS. DECIA LLC AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE DECIA LLC SERVICES. DECIA LLC AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE DECIA LLC SERVICES. DECIA LLC AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE DECIA LLC SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE DECIA LLC SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE DECIA LLC SERVICES.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE DECIA LLC SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL DECIA LLC OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE DECIA LLC SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF DECIA LLC OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE DECIA LLC SERVICES, FROM INABILITY TO USE THE DECIA LLC SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE DECIA LLC SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE DECIA LLC SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE DECIA LLC SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE DECIA LLC SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE DECIA LLC SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NONPERFORMANCE OF THE DECIA LLC SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE DECIA LLC SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall Decia LLC or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, nonperformance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Miscellaneous Provisions

These Terms of Service, and the provisions, rights, obligations, and conditions set forth herein, and the legal relations between the parties hereto, including all disputes and claims, whether arising in contract, tort, or under statute, shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of law provisions of your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Decia LLC.