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 firstname.lastname@example.org.
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
In addition to (and/or as some examples of) the violations
described above, users may not:
Generate or facilitate unsolicited commercial
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
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
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.
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
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.
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.
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.
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.
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
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
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.
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.