Deca Terms of Use

1. Our Service:

1. The website available at Deca.art (the “Website”) and the software made available and services enabled thereby (collectively with the Website, the “Service”) is an online service that enables Registered Users (defined below) to (i) create a profile within the Service and curate a collection of digital works of visual art that are linked to or embodied by non-fungible tokens (each such zone, a “Gallery,” each such work of visual art, an “Associated Artwork,” and each such token, an “NFT”); and (ii) view the Galleries of other users.
2. Each Registered User may select the Associated Artworks that are displayed in such Registered User's Gallery (“Displayed Artworks”), other than Associated Artworks that we deem to be inappropriate, illegal, or in violation of our then-current User Content Policy. We reserve the right, but have no obligation, to screen the Associated Artworks that Registered Users wish to display and reject any that we deem to be inappropriate for any reason, in our sole discretion. Each Registered User is solely responsible for all User Content (defined below), including without limitation the Associated Artworks, that they make available on or through the Service.
3. Registered Users may be able to use the Service to mint one or more NFTs (each, a “Deca NFT”) comprising such Registered User's User Content or other Content (defined below), as selected by such Registered User. Deca may set limits on or other terms regarding the minting of such Deca NFTs, including, without limitation, any fee payable to Deca in connection with any subsequent sale of a Deca NFT after the initial mint of such Deca NFT (each such sale, a “Secondary Sale,” and such fee the “Secondary Sale Fee”). Deca does not guarantee that Deca NFTs will be transferable to any other platform. Deca is not and shall not be a party to any transaction or dispute between any initial creator of a Deca NFT and any third party, whether arising from any rights granted in that Deca NFT or otherwise.
4. Certain features of the Service may be subject to additional guidelines, terms, or rules (“Supplemental Terms”), which will be displayed in connection with such features. These Terms and all such Supplemental Terms, which are incorporated by reference, are collectively referred to as the “Agreement.” If these Terms are inconsistent with any Supplemental Terms, the Supplemental Terms shall control solely with respect to such services.

2. Registering an Account:

1. In order to access certain features of the Service you may be required to become a Registered User. For purposes of the Agreement, a “Registered User” is a user who has registered an account on the Website (“Account”) or has a valid account on the social networking service (“SNS”) through which the user has connected to the Website (each such account, a “Third-Party Account”).
2. If you access the Service through an SNS, you may be able to link your Account with one or more Third-Party Accounts, by allowing Deca to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Deca and/or grant Deca access to your Third-Party Account without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Deca to pay any fees or making Deca subject to any usage limitations imposed by such third-party service providers. By granting Deca access to any Third-Party Accounts, you understand that Deca may access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Service via your Account. Unless otherwise specified in the Agreement, all SNS Content shall be considered to be Your Content (defined below) for all purposes of the Agreement. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND DECA DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.
3. You must be eighteen (18) years old or otherwise capable of forming a binding contract in your jurisdiction to use the Service.
4. You will not buy, sell, rent, or lease access to the Service without our written permission; or log in or try to log in to access the Service through unauthorized third-party applications or clients.
5. Deca may require you to provide additional information and documents from time to time, including without limitation at the request of any competent authority or in order to help Deca comply with applicable law, regulation, or policy.
6. You are an independent contractor and not a partner, joint venturer, agent, or employee of Deca, and you will not bind or attempt to bind Deca to any contract.
7. You must provide all equipment and software necessary to connect to the Service. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Service.

3. Transferring NFTs:

1. In order to access or participate in certain features of the Service, you must have a third-party software-based digital wallet compatible with the Service (“Digital Wallet”). Deca does not own, operate, or control your Digital Wallet. ALL TRANSACTIONS INITIATED THROUGH OUR SERVICE ARE EFFECTED BY THIRD-PARTY DIGITAL WALLET EXTENSIONS. BY USING OUR SERVICE, YOU AGREE THAT SUCH TRANSACTIONS ARE GOVERNED BY THE TERMS OF SERVICE AND PRIVACY POLICY FOR THE APPLICABLE EXTENSIONS.
2. Deca is not an agent or intermediary of any Registered User. Deca does not store or have access to or control over any NFT or any of Registered User's private keys, passwords, Digital Wallets, or other property.

4. Pricing; Payments.

1. All pricing and payment terms are as indicated at point of sale or otherwise on the Service, and any payment obligations you incur are binding at the time of the applicable transaction.
2. You are solely responsible for ensuring that any payment made by you is sufficient to cover any Gas Fee required to complete the transaction. “Gas Fees” are transaction fees determined by market conditions on the blockchain at the time you effect a transaction, and are not determined, set, or charged by Deca.
3. You may not substitute any other currency for the currency in which you have contracted to pay at the time you entered into an agreement.

5. Intellectual Property:

1. Unless otherwise indicated in writing by us, the Service and all Content and other materials contained therein are the proprietary property of Deca or our affiliates, licensors, or users, as applicable.
2. You are hereby granted a limited, revocable, nonexclusive, nontransferable, non-assignable, non-sublicensable, “as-is” license to access and use the Service and Content for your own personal, non-commercial use.
3. As between you and us, (i) you own any copyright in the selection or arrangement of the Displayed Artworks; and (ii) subject to the foregoing, we own all intellectual property and other rights in or relating to the Service.
4. We welcome Feedback. However, you acknowledge and agree that we will treat all Feedback as non-confidential, and you hereby grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid-up license to use such Feedback.

6. User Content:

1. Certain Content may be made available by you or by other Registered Users on or through the Service (“User Content”).
2. If you choose to make User Content available on or through the Service (“Your Content”), you hereby grant Deca a fully paid, royalty-free, worldwide, non-exclusive right and license to use, sublicense, distribute, reproduce, modify, adapt, and display Your Content solely for the limited purposes of providing, improving, and promoting the Service.
3. You are solely responsible for any User Content you provide. You represent and warrant that you have all rights, licenses, consents, and permissions necessary to grant the rights granted herein.
4. We take no responsibility for the User Content posted or listed via the Service. Deca has no obligation to review or monitor User Content.

7. Interactions with Other Registered Users.

1. You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to intercede in any disputes.
2. You acknowledge that any information disclosed in Your Content may be publicly available.

8. Registered User Acknowledgements, Representations and Warranties:

1. You acknowledge and agree that ownership of an NFT is distinct from ownership of any intellectual property or other rights in or relating to the Associated Artwork.
2. You represent and warrant that you have the right and power to enter into these Terms and grant all of the rights granted to us.

9. Claims of Copyright Infringement:

It is our policy to terminate privileges of any Registered User who repeatedly infringes copyright upon prompt notification to Deca by the copyright owner or the copyright owner's legal agent. Contact information for Deca's Copyright Agent for notice of claims of copyright infringement is as follows: Philip A. Nicolosi, Phil Nicolosi Law, P.C.: By mail to 7210 E. State Street, Suite 208, Rockford, Illinois 61108; and by e-mail to dmca@philnicolosilaw.com.

10. Disclaimers; Assumption of Risk:

THE SERVICE, CONTENT CONTAINED THEREIN, AND NFTS LISTED THEREIN, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. DECA DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SERVICE OR ANY CONTENT CONTAINED THEREIN.

11. Indemnification:

You will indemnify us and our affiliates, as well as our and our affiliates' respective employees, agents, and representatives, and will hold us and them harmless from and with respect to, any Losses arising out of or in connection with your use of the Service.

12. Termination and Investigation:

1. We may, in our sole and absolute discretion, terminate or suspend your access to or use of the Service, at any time and for any reason.
2. If Deca becomes aware of any possible violations by you of these Terms, Deca reserves the right to investigate such violations and to cooperate with any and all applicable legal authorities.

13. Links to Other Sites:

The Service may contain links to third-party web sites or services that are not owned or controlled by Deca. Deca has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party services.

14. Arbitration and Dispute Resolution:

Please read this provision very carefully. It limits your rights in the event of a dispute between you and us.

1. You and we agree that any and all Disputes shall be determined by arbitration, unless (A) your Country of Residence does not allow this arbitration agreement; (B) you opt out as provided below; or (C) your Dispute is subject to an exception set forth below. Any arbitration shall not proceed as a class, group, or representative action.
2. We want to address your concerns without the need for a formal dispute resolution process. Before filing a claim against us, you agree to try to resolve the Dispute informally by contacting us via e-mail at legal@deca.xyz.
3. If you do not wish to be subject to this agreement to arbitrate, you may opt out by sending a written notice to us via e-mail at legal@deca.xyz within thirty (30) days of first accepting these Terms.
4. You and we agree that the American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator.
5. To the maximum extent permitted by applicable law, neither you nor we shall be entitled to consolidate, join, or coordinate disputes by or against other individuals or entities, or to arbitrate or litigate any Dispute in a representative capacity, including as a representative member of a class or in a private attorney general capacity.

15. Governing Law:

These Terms shall be governed by and construed in accordance with the laws of the state of California notwithstanding any choice of law principles; provided that all provisions hereof related to arbitration shall be governed by the Federal Arbitration Act (U.S. Code Title 9).

16. Exclusion of Damages and Limitation of Liability:

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL DECA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SERVICE, ANY DECA NFTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA. THE MAXIMUM AGGREGATE LIABILITY OF DECA SHALL NOT EXCEED THE GREATER OF (A) $1000 OR (B) THE AMOUNT PAID TO DECA BY YOU FOR THE SERVICE IN THE TRANSACTION THAT IS THE SUBJECT OF THE CLAIM.

17. Release:

You hereby release and forever discharge Deca and our officers, employees, agents, successors, and assigns (the “Deca Entities”) from each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action arising directly or indirectly out of, or that relates directly or indirectly to, the Service.

18. General:

1. You may terminate these Terms by deleting your Account and ceasing all further use of the Service. We reserve the right to modify, suspend, or discontinue the Service at any time.
2. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
3. Deca is not responsible for circumstances beyond Deca's reasonable control.
4. You may not assign any of your rights under these Terms. Deca may freely assign these Terms.
5. These Terms constitute the entire agreement between you and us regarding the Service.

Contact Us

If you have any questions about these Terms, please contact us.