TERMS OF USE

Please read these terms and conditions (the "Agreement") carefully before using the services. by clicking on the "Create new account" button, you or the entity or company that you represent are consenting to be bound by and are becoming a party to this agreement. Your use of the site and the services offered by schemabank shall also constitute assent to this agreement. If you do not agree to all of this agreement, you will have no right to use the site or the services described herein.

The Web pages available at schemabank.com, and all pages of its sub-domains("Site"), are owned and operated by DB Honig Gmbh, and are accessed by you ("User") under the following terms and conditions.

DB Honig Gmbh reserves the right, at its discretion, to modify the Agreement or Services (as defined below) or Content (as defined below) at any time by posting a notice on the Site, or by sending User a notice via email or postal mail. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by User following such notification constitutes User's acceptance of the terms and conditions of this Agreement as modified. 

1. ACCESS TO THE SERVICES. 

Subject to the terms and conditions of this Agreement, DB Honig Gmbh may offer to provide certain services and content, as described more fully on the Site, and which are selected by User through the process provided on the Site ("Services"). Services shall include, but not be limited to, any services DB Honig Gmbh performs for User, as well as the offering of any materials displayed or performed on the Site (including, but not limited to diagrams, text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") on the Site. User understands that the Content provided as part of the Services is the sole responsibility of the person from which such content originated. DB Honig Gmbh may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature, database, or content. DB Honig Gmbh may also impose limits on certain features and services or restrict User’s access to parts or all of the Services without notice or liability.  

User certifies to DB Honig Gmbh that if User is an individual (i.e., not a corporation or institution) User is at least 18 years of age. User also certifies that it is legally permitted to use the Services and access the Site, and takes full responsibility for the selection and use of the Services and access of the Site. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.  

2. SITE CONTENT. 

User should be aware that Content presented to you as part of the Services may be protected by intellectual property rights which are owned by the third parties who provide that Content to DB Honig Gmbh (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by DB Honig Gmbh or by the owners of that Content, in a separate agreement.  

The Site is protected by copyright as a collective work and/or compilation, pursuant to Germany copyright laws, international conventions, and other copyright laws. User may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content (except as expressly permitted), software, materials, or Services in whole or in part. User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.  

DB Honig Gmbh does not claim ownership rights in any Content that User chooses to post to the Site ("User-generated Content"). After posting User-generated Content to the Site, User continues to retain all ownership or license rights in such Content. DB Honig Gmbh claims no intellectual property rights over the material User provides to the Service. User’s profile and all User-generated Content uploaded by User remain the property of User. User can remove its User-generated Content from the Site at any time. By designating User-generated Content (including, but not limited to, posted diagrams or diagram templates) as "public", User hereby grants to DB Honig Gmbh and each user of the SchemaBank Service a non-exclusive, worldwide, royalty-free, transferable, perpetual license to view, share, transmit, copy, and otherwise fully exploit all User-generated Content. You confirm and warrant to DB Honig Gmbh that you have all the rights, power and authority necessary to grant the above licenses to the User-generated Content you post to the Site. 

3. SUBSCRIBER WARRANTY.

As a condition of use, User promises not to use the Services for any purpose that is unlawful or prohibited by this Agreement, or any other purpose not reasonably intended by DB Honig Gmbh.  

By way of example, and not as a limitation, User agrees not to use the Services: 

a. to abuse, harass, threaten, impersonate or intimidate other SchemaBank users; 

b. to contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;

c. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;

d. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any SchemaBank user;

e. to modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with the Site;

f. to create or submit unwanted email ("Spam") to any other SchemaBank users or any URL; 

g. to violate any laws in your jurisdiction (including but not limited to copyright laws);

h. to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;

i. User will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, User agrees that it will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site. 

DB Honig Gmbh may remove any Content and SchemaBank accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: support@schemabank.com. User, not DB Honig Gmbh, remains solely responsible for all Content that User uploads, posts, e-mails, transmits, or otherwise disseminates using, or in connection with, the Services. User acknowledges that all Content that User accesses using the Services is at User's own risk and User will be solely responsible for any damage to any party resulting therefrom.  

4. RESTRICTIONS. 

User is responsible for all of its activity in connection with the Services and accessing the Site. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any SchemaBank user. User shall not use any part of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity. User will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Site, or any processes that run or are activated while the User is not logged in. 

5. FEES/PAYMENT.

Some of the Services on the Site require payment of fees. User shall pay all applicable fees, as described on the Site in connection with such Services selected by User. Any fees paid hereunder are non-refundable. DB Honig Gmbh reserves the right to change its prices and to institute new charges at any time, upon prior notice to User, which may be sent by email or posted on the Site. User authorizes DB Honig Gmbh, directly or through third parties, to make any inquiries it considers necessary to validate User's account and financial information.  

6. PRODUCT SATISFACTION GUARANTEE. 

Subject to the terms of this Agreement, User may cancel any Service User has paid for at any time during the current unexpired subscription period of the Service by sending email to support@schemabank.com. DB Honig Gmbh
will issue a pro-rata refund for any unused whole days remaining on the subscription on a pro-rata basis, based on the advertised 1-month non-discounted subscription fee (a day is regarded as starting at 00.01 hours GMT) within thirty (30) days of receiving a cancellation request, and such refund will be credited to the payment source User last provided for purchase of the Service. 

DB Honig Gmbh will be entitled to rely on a cancellation request that appears legitimate and cancel the Service on that basis. DB Honig Gmbh's responsibility for improper cancellation is limited to reinstating User’s access to the Service upon User’s request. For the avoidance of doubt, under no circumstance will DB Honig Gmbh refund expired subscription periods. DB Honig Gmbh’s Product Satisfaction Guarantee, as currently published herein, represents DB Honig Gmbh’s sole obligation with respect to Service refunds.  

7. WARRANTY DISCLAIMER. 

User acknowledges that DB Honig Gmbh has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content User accesses via the Site; what effects the Content may have on User; how User may interpret or use the Content; or what actions User may take as a result of having been exposed to the Content. User releases DB Honig Gmbh from all liability for User having acquired or not acquired Content through the Site. The Site may contain, or direct User to sites containing, information that some people may find offensive or inappropriate. DB Honig Gmbh makes no representations concerning any content contained in or accessed through the Site, and DB Honig Gmbh will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. The Services, Content, Site and any software are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement.

8. REGISTRATION AND SECURITY. 

As a condition to using Services, User may be required to register with SchemaBank and enter an email address and password ("SchemaBank User ID"). User shall provide SchemaBank with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User's account. DB Honig Gmbh reserves the right to refuse registration of, or cancel a SchemaBank User ID in its discretion. User shall be responsible for maintaining the confidentiality of User's SchemaBank password. User grants DB Honig Gmbh the right to include User?s name on the Site and other promotional material used in relation to the Site and Services.  

9. INDEMNITY. 

User will indemnify and hold DB Honig Gmbh, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of User's access to the Site, use of the Services, the violation of this Agreement by User, or the infringement by User, or any third party using the User's account, of any intellectual property or other right of any person or entity. 

10. LIMITATION OF LIABILITY. 

In no event shall DB Honig Gmbh be liable with respect to the site or the services (i) for any amount in excess of the aggregate fees paid by subscriber for such services; or (ii) for any indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services. some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to subscriber. 

11. TERMINATION. 

Either party may terminate the Services at any time by notifying the other party by any means. DB Honig Gmbh may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if User breaches any of the terms or conditions of this Agreement. Upon termination of the User's account, User's right to use the Services, access the Site and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.  

12. MISCELLANEOUS. 

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. DB Honig Gmbh shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond DB Honig Gmbh's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with DB Honig Gmbh's prior written consent. DB Honig Gmbh may transfer, assign or delegate this Agreement and its rights and obligations without consent. If the User is a paid subscription User, the User grants DB Honig Gmbh the right to include the User's name as a customer on SchemaBank's website and other promotional material in relation to the Software. Within thirty (30) days of the User's written request, DB Honig Gmbh will remove the User's name from its website customer list and will make no further reference to the User in any future material promoting the Software. This Agreement shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind DB Honig Gmbh in any respect whatsoever.