These Data Transfer Initiative Terms of Use (TOU) form a legal agreement between You and Data Transfer Project, Inc. d/b/a Data Transfer Initiative ("DTI") that applies each time you use or access the DTI Schema Registry made available to you, together with its content, features, tools, and materials (collectively, the "Platform"). These terms govern Your use of the Platform and its functionality.

IF YOU DO NOT AGREE WITH THIS TOU, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE PLATFORM.

Purpose

The intended goal of these terms is to protect You and other users of the Platform in your use of the schemas made available herein; and to protect DTI and its employees. The Schema Registry is intended to make schemas broadly available for use, without restrictions.

User Obligations

You represent that You are at least eighteen (18) years of age or the legal age of majority in Your jurisdiction (whichever is greater) and will, at all times, provide true, accurate, current, and complete information (for which You have all necessary rights, permission(s), or authority to provide) when submitting information through the Platform. In addition, You are responsible for compliance with all applicable laws, rules, and regulations with respect to Your use of the Platform (including use of any permitted copies of the Platform materials and information).

The Platform is not intended for use or access by any individual under the age of thirteen (13) years, and Company does not knowingly, willingly, or intentionally collect personal information from such individuals in any medium for any purpose.

Your employer or organization may have entered into a separate services agreement, order form, and/or other contract with Company governing its (and Your) use of and access to the Platform (a "Subscription Agreement"). In such event, You agree to comply with all applicable terms and conditions of the applicable Subscription Agreement, in addition to this TOU, and Your violation of any such terms or conditions shall constitute Your material breach of this TOU.

If You access the Platform on behalf of any organization, and Your organization has not entered into a separate Subscription Agreement with Company, then Your organization shall be bound to this TOU and be liable for any breach by You. In such event, You represent that You have all rights, power, and authority to agree to this TOU on behalf of Your organization.

Your Account

You may be required to register an account to use the Platform or certain features of the Platform. By submitting the requested information to the registration form or similar process on the Platform, You represent and warrant that the information You submit for registration is complete, true, accurate, and current in all respects. You must maintain and promptly update Your submitted account information to ensure that such information is complete, true, accurate, and current. Company reserves the right to suspend, terminate, or otherwise discontinue Your account if Company has reasonable grounds to suspect that any information You have submitted is untrue, inaccurate, not current, or incomplete, or that Your registration, account, or use of the Platform is in violation of applicable law or this TOU.

Profiles

Certain features of the Platform may permit You to create and post a profile or listing on the Platform containing information and content about Your organization (each a "Profile"). By creating, updating, and/or revising a Profile on the Platform, You represent and warrant that all information and content that You upload and display in connection with said Profile is complete, true, accurate, and current in all respects.

Company reviews, evaluates, and screens Profiles according to its criteria, as an informational benefit to users. However, You acknowledge that the inclusion of a Profile on the Platform does not constitute any representation, warranty, or guarantee by Company with respect to any person, organization, entity, product, service, or activity depicted or described on such Profile. The presence or display of any Profile on the Platform shall not be construed as any endorsement or legal guarantee by Company with respect to any person, organization, entity, product, service, or activity depicted or described on said Profile. Accordingly, You agree that Company is not legally responsible for the completeness, truthfulness, accuracy, or currency of any Profile or any content or information contained therein, and shall have no liability or responsibility for the quality, content, accuracy, legality, or effectiveness of the same.

Company further reserves the right to suspend, remove, redact, or take down any Profile or any portion thereof for any reason in its sole discretion, including without limitation any actual or suspected breach by You of the terms or conditions of this TOU.

Submissions

Certain features of the Platform may permit You to upload, post, display, transmit, or otherwise provide certain information, content, text, images, queries, prompts, messages, communications, and other inputs and materials to the Platform, including schemas (each a "Submission" and collectively "Submissions"), including without limitation in connection with a Profile. For avoidance of doubt, "Submissions" do not include Your Marks (as defined below).

By contributing a Submission, You offer that Submission under the terms of a CC0 public domain dedication, which is described at https://creativecommons.org/public-domain/cc0/. To the extent possible, You also waive all patent rights in the Submission.

In addition, You agree that You will not upload, post, display, or transmit any Submission(s) that:

  1. are illegal, defamatory, deceptive, fraudulent, discriminatory, tortious, obscene, pornographic, or otherwise objectionable;
  2. infringe, misappropriate, or otherwise violate the personal or proprietary rights of others;
  3. contain any virus, malware, worm, Trojan horse, disabling device, or any other harmful or malicious script, code, or tool;
  4. impersonates any person or entity or falsely states or otherwise misrepresents Your affiliation with a person or entity;
  5. unsolicited communications, promotions, or advertisements, or spam;
  6. harms, harasses, threatens, or violate the rights of any third party, or promotes, provokes, or incites violence; or
  7. constitutes false advertising, false endorsement, or is otherwise false, misleading, or likely to cause consumer confusion.

Company may screen, review, edit, moderate, or monitor Submissions from time to time at its discretion, but has no obligation to do so. In any event, Company is not responsible for Your or any other user's Submissions, and shall have no liability or responsibility for the quality, content, accuracy, legality, or effectiveness of any Submissions.

By uploading, posting, displaying, transmitting, or otherwise providing a Submission to the Platform, You represent and warrant that: (i) You possess all legal rights required to upload, post, display, and/or transmit each Submission and permit Company to use such Submission as set forth herein (including without limitation any necessary third-party license rights or required consents under applicable law); (ii) each Submission is in full compliance with all applicable laws and regulations; and (iii) Your Submissions do not infringe, misappropriate, or otherwise violate the personal or proprietary rights of any third party.

Your Marks

To the extent You upload, incorporate, and/or otherwise use Your organization's name, logo, brand, or other trademark (collectively, "Your Marks") in connection with a Profile or any Submission, You hereby grant to Company the non-exclusive, royalty-free, worldwide right to use Your Marks as reasonably required to provide and display the features of the Platform related to said Profile or Submission. Such right shall be sublicensable to Company's third-party subcontractors in connection with said permitted purpose. As between the parties hereto, all goodwill generated from use of Your Marks will accrue solely to You and/or the third party owning Your Marks.

Electronic Communications

Company may send emails or other electronic messages to You concerning Your use of the Platform. You consent to receive such electronic communications and You agree that all such electronic communications constitute valid legal notices satisfying any requirement that such notices be in writing.

Data Privacy

You understand, acknowledge, and agree that the operation of certain features of the Platform may require or involve the provision, use, and dissemination of various items of personally identifiable information, including without limitation personal contact information. Please refer to Company's Privacy Policy (as may be updated by Company from time to time) for a summary of Company's policies and practices regarding personally identifiable information.

Proprietary Rights

All materials and information included as part of the Platform, including without limitation all content, text, graphics, logos, and images made available on the Platform, as well as the compilation thereof, and any software or other proprietary materials used on or integrated with the Platform, are the property of Company or its applicable third-party licensors, and are protected by copyright and other laws governing intellectual property and proprietary rights. Company reserves all rights in the Platform not expressly granted herein.

You agree that You do not acquire any ownership rights in any part of the Platform under this TOU or through Your use of the Platform. Company does not grant You any rights or licenses, express or implied, to any intellectual property hereunder except as specifically authorized by this TOU.

Indemnification

You agree to indemnify, defend and hold harmless Company and its officers, directors, employees, agents, successors, and assigns from and against any losses, costs, liabilities, damages, and expenses (including reasonable attorney's fees) relating to or arising out of Your violation of (a) this TOU, (b) any personal or proprietary rights of a third party, or (c) any applicable laws, rules, or regulations. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Company in asserting any available defenses.

Disclaimers and Excluded Liability

COMPANY DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL OPERATE ERROR-FREE OR ON AN UNINTERRUPTED BASIS. THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE," AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW COMPANY HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE WHATSOEVER REGARDING THE QUALITY, ACCURACY, EFFECTIVENESS, LEGALITY, RELIABILITY, OR TIMELINESS OF ANY SERVICES, CONTENT, OR INFORMATION MADE AVAILABLE IN CONNECTION THEREWITH OR ANY RESULTS OBTAINED THEREFROM. YOU AGREE THAT YOUR USE OF AND ACCESS TO THE PLATFORM ARE ENTIRELY AT YOUR OWN RISK, AND THAT YOU ARE SOLELY LIABLE AND RESPONSIBLE FOR THE RESULTS OF SUCH USE AND ACCESS, SUCH THAT COMPANY SHALL HAVE NO LIABILITY OR RESPONSIBILITY THEREFOR UNDER ANY LEGAL THEORY OR CAUSE OF ACTION NOW KNOWN OR HEREAFTER ESTABLISHED.

IN NO EVENT SHALL COMPANY BE LIABLE HEREUNDER, REGARDLESS OF THE FORM OF CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE), FOR ANY LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS, OR SERVICES, OR ANY INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, REVENUES, PROFITS AND/OR GOODWILL, EVEN IF SUCH DAMAGES WERE REASONABLY FORSEEABLE OR IF COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE INSUFFICIENCY OR FAILURE OF ANY REMEDY PROVIDED HEREIN.

CERTAIN JURISDICTIONS AND LAWS MAY NOT PERMIT SOME OR ALL OF THE DISCLAIMERS OF LIABILITY SET FORTH IN THIS SECTION. IN THE EVENT THAT SUCH A JURISDICTION OR LAW APPLIES TO THE SUBJECT MATTER OF THIS TOU, THE FOREGOING DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Term, Termination, and Suspension

This TOU takes effect (or re-takes effect) at the moment You first access, use, install, and/or log into the Platform. Company reserves the right at any time and on any grounds, including without limitation any reasonable belief of fraudulent or unlawful activity, to deny or suspend Your access to the Platform, or to any portion thereof, in order to protect its name and goodwill, its business, its ownership and other rights in the Platform or any content or information therein, the security and stability of the Platform, and/or the rights of others.

This TOU terminates automatically if You fail to comply with any provision hereof, subject to the survival rights of certain provisions identified below. You may also terminate this TOU at any time by ceasing to use the Platform, but each re-access or renewed use of the Platform will reapply the TOU to You. Upon termination or expiration of the TOU for any reason, all licenses granted by Company hereunder shall immediately terminate, and You must immediately cease all use of the Platform.

The provisions of this TOU concerning Company's proprietary rights, Feedback, Submissions, disclaimers of warranty, limitations of liability, waiver and severability, indemnification rights, arbitration, class action waiver, injunctive relief, and governing law will survive the termination of this TOU for any reason.

The termination or expiration of this TOU shall not in any way affect the term of any applicable Subscription Agreement.

Without limiting the foregoing, Company reserves the right, in its sole discretion, to terminate or suspend Your access to the Platform or any feature or portion thereof at any time, without notice to You, if Company reasonably determines or suspects that You are in violation of this TOU.

Governing Law

This TOU is governed by the laws of the State of Washington, without reference to its principles of conflict of laws. Subject to the foregoing arbitration requirements, any claim, suit, or other proceeding brought between the You and Company under this TOU shall be adjudicated exclusively in the state and federal courts sitting in the State of Washington, and You hereby expressly submit to such jurisdiction for the final resolution thereof.

The Platform may not be used or accessed from or in any jurisdiction that does not give effect to all provisions of this TOU, including without limitation this paragraph.

Independent Contractors

The relationship between You and Company under this TOU is that of independent contractors, and nothing herein or in Your use of the Platform shall be construed as creating any joint venture, partnership, employment, or agency relationship.

Security, Compliance, and Remote Access

Company reserves the right to view, monitor, and record Your activity on the Platform without notice or permission from You. Company's provision of the Platform is subject to existing laws and legal process, and nothing contained herein shall restrict or reduce Company's ability to comply with governmental, court, and law enforcement requests or requirements involving Your use of the Platform or information provided to or gathered by Company with respect to such use.

Company further reserves the right to conduct remote access, monitoring, maintenance, and support on the Platform, including without limitation for purposes of automated testing or cycling of the Platform in order to gauge Platform and/or product performance. You acknowledge and consent to Company's use of data or analytics generated by such maintenance and diagnostic procedures, as further described in the Privacy Policy.

Export Controls

You represent and warrant that You are not: (a) located in a country that is subject to a U.S. government embargo or sanction; or (b) listed on any U.S. government list of prohibited or restricted parties. You hereby agree that (i) You will comply with all applicable sanctions and export control laws, and (ii) You are solely responsible for ensuring that the Platform is used, disclosed, and/or accessed only in accordance with all applicable sanctions and export control laws.

Severability and Waiver

If any part of this TOU is determined to be invalid or unenforceable pursuant to court order or other operation of applicable law, such provision shall be deemed reformed or severed from this TOU to the minimum extent required by such order or law, and the remainder of this TOU shall continue in full force and effect to the maximum extent permitted under applicable law.

Company's failure to insist on strict performance of any of this TOU will not operate as a waiver of any subsequent default or failure of performance by You. No waiver by Company of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

Changes to Terms

Please note that Company reserves the right to change the terms and conditions of this TOU by posting a revised set of terms to this location, and/or providing such alternate notification to You as may be expressly required by applicable law. In addition, Company may add, modify, or delete any aspect, component, or feature of the Platform, but Company is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Platform following any announced change will be deemed as conclusive acceptance of any change to the TOU. Accordingly, please review the TOU on a periodic basis.