The Deco.Network Terms of Service

Effective date: October 11, 2017

A. Definitions

Short version: We use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use each of the terms. There's not going to be a test on it, but it's still useful information.

  1. The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the "Terms") and all other operating rules, policies (including the Deco.Network Privacy Statement) and procedures that we may publish from time to time on the Website.
  2. The “Service” refers to the applications, software, products, and services provided by Deco.Network.
  3. The “Website” refers to Deco.Network’s website located at deco.network, and all content, services, and products provided by Deco.Network at or through the Website. It also refers to Deco.Network-owned subdomains of deco.network, such as app.deco.network. These Terms also govern Deco.Network’s conference websites and product websites. Occasionally, websites owned by Deco.Network may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.
  4. “The User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions. A User must be at least 13 years of age. Special terms may apply for business or government accounts.
  5. “Deco.Network,” “We,” and “Us” refer to Deco.Network, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
  6. “Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own.

B. Account Terms

Short version: A human must create your account; you must be 13 or over; you must provide a valid email address; and you may not have more than one free account. You alone are responsible for your account and anything that happens while you are signed in to or using your account. You are responsible for keeping your account secure.

1. Required Information

You must provide a valid email address in order to complete the signup process. Any other information requested, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity).

2. Account Requirements

We have a few simple rules for accounts on Deco.Network's Service.

3. User Account Security

You are responsible for keeping your account secure while you use our Service. We offer tools such as two-factor authentication to help you maintain your account's security, but the content of your account and its security are up to you.

4. Additional Terms

In some situations, third parties' terms may apply to your use of Deco.Network account. For example, you may be a member of an organization on Deco.Network with its own terms or license agreements; you may download an application that integrates with Deco.Network; or you may use Deco.Network to authenticate to another service. Please be aware that while these Terms are our full agreement with you, other parties' terms govern their relationships with you.

If you are a government User or otherwise accessing or using any Deco.Network Service in a government capacity, additional terms apply to you, and you agree to its provisions.

If you have signed up for a Business plan, additional terms apply to you, and you agree to its provisions.

C. Acceptable Use

Short version: Deco.Network hosts a wide variety of packages from all over the world, and peer to peer collaboration only works when our users are able to work together in good faith. While using the service, you must follow this Acceptable Use Policy, which includes some restrictions on content you can post, conduct on the service, and other limitations. In short, be excellent to each other.

1. Compliance with Laws and Regulations

Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.

2. Content Restrictions

You agree that you will not under any circumstances upload, post, host, or transmit any content that:

3. Conduct Restrictions

While using Deco.Network, you agree that you will not under any circumstances:

4. Services Usage Limits

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without Deco.Network's express written permission.

5. Scraping

Scraping refers to extracting data from our Website via an automated process, such as a bot or webcrawler. It does not refer to the collection of information through Deco.Network'sAPI.  You may scrape the website for the following reasons:

You may not scrape Deco.Network for spamming purposes, including for the purposes of selling Deco.Network users' personal information, such as to recruiters, headhunters, and job boards.

All use of Deco.Network data gathered through scraping must comply with the Deco.Network Privacy Statement.

6. Privacy

Misuse of Deco.Network Users' Personal Information is prohibited.

Any person, entity, or service collecting data from Deco.Network must comply with the Deco.Network Privacy Statement, particularly in regards to the collection of our Users' Personal Information (as defined in the Deco.Network Privacy Statement). If you collect any Deco.Network User's Personal Information from Deco.Network, you agree that you will only use the Personal Information you gather for the purpose for which our User has authorized it. You agree that you will reasonably secure any Personal Information you have gathered from Deco.Network, and you will respond promptly to complaints, removal requests, and "do not contact" requests from Deco.Network or Deco.Network Users.

7. Excessive Bandwidth Use

If we determine your bandwidth usage to be significantly excessive in relation to other Deco.Network customers, we reserve the right to suspend your account or throttle your file hosting until you can reduce your bandwidth consumption.

8. User Protection

You agree not to engage in activity that significantly harms our Users. We will resolve disputes in favor of protecting our Users as a whole.

D. User-Generated Content

Short version: You own content you create, but you allow us certain rights to it, so that we can display, share, and broker the content you post. You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the service. We have the right to remove content or close accounts if we need to.

1. Responsibility for User-Generated Content

You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.

2. Deco.Network May Remove Content

We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any Deco.Network terms or policies.

3. Ownership of Content, Right to Post, and License Grants

You retain ownership of and responsibility for Content you create or own ("Your Content"). If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.

Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other Deco.Network Users — certain legal permissions, listed in Sections D.4 — D.7. These license grants apply to Your Content. If you upload Content that already comes with a license granting Deco.Network the permissions we need to run our Service, no additional license is required. The licenses you grant to us will end when you remove Your Content from our servers, unless other Users have forked it.

4. License Grant to Us

We need the legal right to do things like host Your Content, publish it, share it, and broker that sale of licenses and license exceptions. You grant us and our legal successors the right to store, parse, and display Your Content, make incidental copies as necessary to render the Website and provide the Service, and grant appropriate parties licenses. This includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; licenses it to other users; share it with other users; and perform it, in case Your Content is something like music or video.

This license does not grant Deco.Network the right to distribute Your Content outside of our provision of the Service.

5. License Grant to Other Users

Any User-Generated Content you post publicly, including issues, comments, and contributions to other Users' repositories, may be viewed by others. By setting your repositories to be viewed publicly, you agree to allow others to view and "fork" your repositories (this means that others may make their own copies of Content from your repositories in repositories they control).

You may grant or restrict rights if you adopt a license. If you are uploading Content you did not create or own, you are responsible for ensuring that the Content you upload is licensed under terms that grant these permissions to other Deco.Network Users.

6. Contributions Under Repository License

Whenever you make a contribution to a repository containing notice of a license, you license your contribution under the same terms, and you agree that you have the right to license your contribution under those terms. If you have a separate agreement to license your contributions under different terms, such as a contributor license agreement, that agreement will supersede.

This is widely accepted as the norm in the open-source community; it's commonly referred to by the shorthand "inbound=outbound".

7. Moral Rights

You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section D.4, but not otherwise.

To the extent this agreement is not enforceable by applicable law, you grant Deco.Network the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.

8. Purchasing Commercial Software Licenses
When purchasing a commercial license the parties agree to the following:







Software License Agreement

THIS SOFTWARE LICENSE AGREEMENT (the "Agreement") dated on the day of three confiation on the Ethereum blockchain (the "Execution Date")

BETWEEN:

License Seller
(the "Vendor")

OF THE FIRST PART

- AND -

Licensee

(the "Licensee")

OF THE SECOND PART

BACKGROUND:

The Vendor wishes to license computer software to the Licensee and the Licensee desires to purchase the software license under the terms and conditions stated below.

IN CONSIDERATION OF the provisions contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows:

License

  1. Under this Agreement the Vendor grants to the Licensee a non-exclusive and non-transferable license (the "License") to use DecoNet Commercial License (the "Software").
  2. "Software" includes the executable computer programs, the source code and any related printed, electronic and online documentation and any other files that may accompany the product.
  3. Title, copyright, intellectual property rights and distribution rights of the Software remain exclusively with the Vendor. Intellectual property rights include the look and feel of the Software. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Software.
  4. The Software may be loaded onto no more than one computer. A single copy may be made for backup purposes only.
  5. The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Software for use by one or more third parties.
  6. The Software may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.
  7. Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement.

License Fee

  1. The in app purchase price of paid in cryptocurrency by the Licensee will constitute the entire license fee and is the full consideration for this Agreement.

Limitation of Liability

  1. The Software is provided by the Vendor and accepted by the Licensee "as is". Liability of the Vendor will be limited to a maximum of the original purchase price of the Software. The Vendor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Software.
  2. The Vendor makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee.
  3. The Vendor does not warrant that use of the Software will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry.

Warrants and Representations

  1. The Vendor warrants and represents that it is the copyright holder of the Software. The Vendor warrants and represents that granting the license to use this Software is not in violation of any other agreement, copyright or applicable statute.

Acceptance

  1. All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee ("Acceptance") upon execution of this Agreement.

Term

  1. The term of this Agreement will begin on Acceptance and is perpetual.

Termination

  1. This Agreement will be terminated and the License forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will promptly destroy the Software or return the Software to the Vendor.

Force Majeure

  1. The Vendor will be free of liability to the Licensee where the Vendor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate action to mitigate such an event.

Governing Law

  1. The Parties to this Agreement submit to the jurisdiction of the courts of the State of California for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the State of California.

Miscellaneous

  1. This Agreement can only be modified in writing signed by both the Vendor and the Licensee.
  2. This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Licensee.
  3. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
  4. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
  5. This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
  6. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Vendor's successors and assigns.

Notices

  1. All notices to the parties under this Agreement are to be provided at their Deconet application account, or at such addresses as may be later provided in writing:

IN WITNESS WHEREOF the parties have duly signed their transactions on the ethereum blockchain.

E. Copyright Infringement and DMCA Policy

If you believe that content on our website violates your copyright, please contact us. If you are a copyright owner and you believe that content on Deco.Network violates your rights, please contact us by emailing contact@deco.network. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.

We will terminate the accounts of repeat infringers of this policy.

F. Intellectual Property Notice

Short version: We own the service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed.

1. Deco.Network's Rights to Content

Deco.Network and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service is copyright © Deco.Network, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Deco.Network.

2. Deco.Network Trademarks and Logos

If you’d like to use Deco.Network’s trademarks, you must follow all of our trademark guidelines.

3. License to Deco.Network Policies

This Agreement is licensed under this Creative Commons Zero license.

G. API Terms

Short version: You agree to these Terms of Service, plus this Section H, when using any of Deco.Network's APIs (Application Provider Interface), including use of the API through a third party product that accesses Deco.Network.

No Abuse or Overuse of the API

Abuse or excessively frequent requests to Deco.Network via the API may result in the temporary or permanent suspension of your account's access to the API. Deco.Network, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.

You may not share API tokens to exceed Deco.Network's rate limitations.

You may not use the API to download data or Content from Deco.Network for spamming purposes, including for the purposes of selling Deco.Network users' personal information, such as to recruiters, headhunters, and job boards.

All use of the Deco.Network API is subject to these Terms of Service and the Deco.Network Privacy Statement.

Deco.Network may offer subscription-based access to our API for those Users who require high-throughput access or access that would result in resale of Deco.Network's Service.

H. Advertising on Deco.Network

Short version: We do not generally prohibit use of Deco.Network for advertising. However, we expect our users to follow certain limitations, so Deco.Network does not become a spam haven. No one wants that.

1. Deco.Network Pages

We offer Pages sites primarily as a showcase for personal and organizational projects. Monetization efforts are permitted on Pages, such as license selling and donation buttons.

2. Deco.Network Repositories

Deco.Network repositories are intended to host Content. You may include static images, links, and promotional text in the README documents associated with your repositories, but they must be related to the project you are hosting on Deco.Network.

You may not advertise in other Users' repositories, such as by posting monetized or excessive bulk content in issues.

3. Spamming and Inappropriate Use of Deco.Network

Advertising Content, like all Content, must not violate the law or these Terms of Use, for example through excessive bulk activity such as spamming. We reserve the right to remove any advertisements that, in our sole discretion, violate any Deco.Network terms or policies.

I. Cancellation and Termination

Short version: You may close your account at any time. If you do, we'll treat your information responsibly.

1. Account Cancellation

It is your responsibility to properly cancel your account with Deco.Network. You can cancel your account at any time.

2. Upon Cancellation

We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your repositories within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information can notbe recovered once your account is cancelled.

We will not delete Content that you have contributed to other Users' repositories or that other Users have forked.

Upon request, we will make a reasonable effort to provide an account owner with a copy of your lawful, non-infringing account contents after account cancellation, termination, or downgrade. You must make this request within 90 days of cancellation, termination, or downgrade.

3. Deco.Network May Terminate

Deco.Network has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. Deco.Network reserves the right to refuse service to anyone for any reason at any time.

4. Survival

All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

J. Communications with Deco.Network

Short version: We use email and other electronic means to stay in touch with our users.

1. Electronic Communication Required

For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.

2. Legal Notice to Deco.Network Must Be in Writing

Communications made through email or Deco.Network Support's messaging system will not constitute legal notice to Deco.Network or any of its officers, employees, agents or representatives in any situation where notice to Deco.Network is required by contract or any law or regulation. Legal notice to Deco.Network must be in writing.

3. No Phone Support

Deco.Network only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.

O. Disclaimer of Warranties

Short version: We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.

Deco.Network provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

Deco.Network does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.

P. Limitation of Liability

Short version: We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from

Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

Q. Release and Indemnification

Short version: You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved.

If you have a dispute with one or more Users, you agree to release Deco.Network from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that Deco.Network (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Deco.Network of all liability); and (3) provides to you all reasonable assistance, at your expense.

R. Changes to These Terms

Short version: We want our users to be informed of important changes to our terms, but some changes aren't that important — we don't want to bother you every time we fix a typo. So while we may modify this agreement at any time, we will notify users of any changes that affect your rights and give you time to adjust to them.

We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.

S. Miscellaneous

1. Governing Law

Except to the extent applicable law provides otherwise, this Agreement between you and Deco.Network and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. You and Deco.Network agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of San Francisco, California.

2. Non-Assignability

Deco.Network may assign or delegate these Terms of Service and/or the Deco.Network Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section D.4. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.

3. Section Headings and Summaries

Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.

4. Severability, No Waiver, and Survival

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Deco.Network to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

5. Amendments; Complete Agreement

This Agreement may only be modified by a written amendment signed by an authorized representative of Deco.Network, or by the posting by Deco.Network of a revised version in accordance with Section R. Changes to These Terms. These Terms of Service, together with the Deco.Network Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and Deco.Networkrelating to the subject matter of these terms including any confidentiality or nondisclosure agreements.

6. Questions

Questions about the Terms of Service? Email us at contact@deco.network