Terms of Usage
Last updated December 15, 2023
Welcome ! Delta dash is a rythm game focused on community, and when there is a community, there are rules, this page will explain in details our terms to use Delta Dash Website and Game
TABLE OF CONTENTS
2. INTELLECTUAL PROPERTY RIGHTS
6. USER GENERATED CONTRIBUTIONS
10. THIRD-PARTY WEBSITE AND CONTENT
15. MODIFICATIONS AND INTERRUPTIONS
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
24. CALIFORNIA USERS AND RESIDENTS
25. DELTA (CHARACTER) USAGE AGREEMENT
1. AGREEMENT TO TERMS
These Terms of Use establish a legally binding agreement between you, whether as an individual or on behalf of an entity ("you"), and Delta Dash ("Company," "we," "us," or "our"), governing your access to and use of the https://deltada.sh App ("Website," "Game"), along with any other media form, media channel, mobile website, or mobile application associated, linked, or otherwise connected to it (collectively, the "App"). By accessing the Website and/or registering in-game, you acknowledge that you have read, comprehended, and agreed to be bound by all the terms and conditions outlined in these Terms of Use. IF YOU DO NOT AGREE TO ALL THESE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE APP, AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplementary terms and conditions or documents posted on the App from time to time are expressly incorporated herein by reference. We retain the right, at our sole discretion, to make changes or modifications to these Terms of Use periodically. Notification of any changes will be provided by updating the "Last updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you review the applicable Terms each time you use our App to understand which Terms apply. Your continued use of the App after the posting date of any revised Terms of Use implies your acceptance of and awareness of the changes.
The information presented on the App is not intended for distribution to, or use by, any individual or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or would subject us to any registration requirement within such jurisdiction or country. Consequently, individuals accessing the App from other locations do so at their own initiative and are solely responsible for complying with local laws, where applicable.
The App is not specifically designed to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.). Therefore, if your interactions are subject to such laws, you may not use this App. Usage of the App in a manner that would violate the Gramm-Leach-Bliley Act (GLBA) is strictly prohibited.
The App is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction where they reside (typically under the age of 18) must obtain the permission of, and be directly supervised by, their parent or guardian to use the App. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use before using the App.
2. INTELLECTUAL PROPERTY RIGHTS
Unless explicitly stated otherwise, the App is our exclusive property, and all elements, including but not limited to source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the App (collectively referred to as the "Content"), as well as the trademarks, service marks, and logos embedded therein (the "Marks"), are either owned or controlled by us or licensed to us. These elements are safeguarded by copyright and trademark laws, various other intellectual property rights, and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and Marks are presented on the App "AS IS" for your information and personal use exclusively. Unless expressly provided in these Terms of Use, no part of the App, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.
Subject to your eligibility to use the App, you are granted a limited license to access and use the App, and to download or print a copy of any portion of the Content for which you have obtained access, solely for your personal, non-commercial use. All rights not expressly granted to you regarding the App, Content, and Marks are reserved by us.
Any content posted by the user with the intention of contributing to the App (such as images or soundtracks) is the sole responsibility of the user. Users are responsible for adhering to the distribution rights of the content they publish. As a rights holder, if a user fails to comply with your distribution rules for any of your content present on the App, you have the right to request its immediate removal through the dedicated email address provided below.
For content removal requests or inquiries related to intellectual property rights, please contact us at [email protected].
Please be aware that the App operates under a notice and takedown policy, and we are committed to promptly addressing valid requests from rights holders.
3. USER REPRESENTATIONS
By utilizing the App, you affirm and warrant that:
- All registration information you submit is true, accurate, current, and complete.
- You will maintain the accuracy of such information and promptly update it as necessary.
- You possess the legal capacity and agree to comply with these Terms of Use.
- You are not under the age of 13.
- If you are a minor, you have obtained parental permission to use the App.
- You will not access the App through automated or non-human means without using appropriate means, limited to official bot accounts. All usage of scripts, bots, and similar tools under official bot accounts is allowed.
- You will not use the App for any illegal or unauthorized purpose.
- Your use of the App will not violate any applicable law or regulation.
If you provide any information that is found to be untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account and deny any and all current or future use of the App (or any portion thereof).
4. USER REGISTRATION
If registration is required for access to the App, you agree to the following:
- You will be required to register with the App.
- You agree to keep your password confidential and will be solely responsible for all activities conducted through your account and password.
- We reserve the right, at our sole discretion, to remove, reclaim, or change any username you select if we determine that such username is inappropriate, obscene, or otherwise objectionable.
Your commitment to maintaining the confidentiality of your account information is crucial for the security of your account and the overall integrity of the App. Additionally, we reserve the right to take appropriate action regarding usernames that violate our standards for appropriateness.
5. PROHIBITED ACTIVITIES
You may only access or use the App for the purposes for which it is made available. The App may not be utilized for any commercial endeavors unless expressly endorsed or approved by us.
As a user of the App, you agree not to:
- Systematically retrieve data or other content from the App to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the App, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the App and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the App.
- Use any information obtained from the App to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the App in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the App.
- Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the App or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the App.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1*1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
- Interfere with, disrupt, or create an undue burden on the App or the networks or services connected to the App.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the App to you.
- Attempt to bypass any measures of the App designed to prevent or restrict access to the App or any portion of the App.
- Copy or adapt the App's software, including but not limited to PHP, HTML, JavaScript, C#, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the App.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the App or launch any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the App.
- Make any unauthorized use of the App, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the App as part of any effort to compete with us or otherwise use the App and/or the Content for any revenue-generating endeavor or commercial enterprise.
6. USER GENERATED CONTRIBUTIONS
The App may encourage you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionalities, providing you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the App. This may include, but is not limited to, text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively referred to as "Contributions"). Contributions may be viewable by other users of the App and through third-party websites. Therefore, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use and authorize us, the App, and other users of the App to use your Contributions in any manner contemplated by the App and these Terms of Use.
- You have the written consent, release, and/or permission of each identifiable individual person in your Contributions to use their name or likeness to enable the inclusion and use of your Contributions in any manner contemplated by the App and these Terms of Use.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten any other person legally and do not promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments related to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the App in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the App.
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the App or making Contributions accessible to the App by linking your account from the App to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license. This license includes the right to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise. Additionally, this license extends to the right to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. By granting this license, you waive all moral rights in your Contributions and warrant that moral rights have not otherwise been asserted in your Contributions.
While you grant us this license, you acknowledge and agree that the rights holder of any intellectual property incorporated into your Contributions retains the right to request the removal or takedown of their intellectual property by contacting us through the dedicated email address provided in our Content Policy. In such cases, we will promptly address valid takedown requests from the rights holder, and the relevant material will be removed from the App.
It is important to note that we do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the App. You are solely responsible for your Contributions to the App and expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
In our sole and absolute discretion, we reserve the right to (1) edit, redact, or otherwise change any Contributions; (2) re-categorize any Contributions to place them in more appropriate locations on the App; and (3) pre-screen or delete any Contributions at any time and for any reason, without notice. Please be aware that we have no obligation to monitor your Contributions.
8. SOCIAL MEDIA
As part of the functionality of the App, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") through either: (1) providing your Third-Party Account login information within the App; or (2) allowing us to access your Third-Party Account, as permitted under the applicable terms and conditions governing your use of each Third-Party Account. By linking your account with a Third-Party Account, you represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account without violating any terms and conditions of the Third-Party Account, and without obligating us to pay any fees or subjecting us to any usage limitations imposed by the third-party service provider.
By granting us access to any Third-Party Accounts, you understand and agree that:
We may access, make available, and store (if applicable) any content you have provided to and stored in your Third-Party Account (the "Social Network Content"). This content will be available on and through the App via your account, including without limitation any friend lists.
We may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the privacy settings you have set, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the App. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated, Social Network Content may no longer be available on and through the App.
You retain the ability to disable the connection between your App account and your Third-Party Accounts at any time. It's important to note that your relationship with the third-party service providers associated with your Third-Party Accounts is governed solely by your agreements with them. We do not review Social Network Content for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.
You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for the purpose of identifying and informing you of contacts who have also registered to use the App. You can deactivate the connection between the App and your Third-Party Account by contacting us using the information provided below or through your account settings (if applicable). We will make reasonable efforts to delete any information obtained through such Third-Party Account from our servers, except for the username and profile picture associated with your account.
9. SUBMISSIONS
By providing us with any questions, comments, suggestions, ideas, feedback, or other information regarding the App ("Submissions"), you acknowledge and agree that these Submissions are non-confidential and shall become the sole property of [Your Company/Name]. We shall own exclusive rights, including all intellectual property rights, and are entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, whether commercial or otherwise, without any acknowledgment or compensation to you.
By making Submissions, you hereby waive all moral rights to these Submissions, and you warrant that they are either original to you or that you have the right to submit them. You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
If you wish to keep your ideas or information confidential, it is recommended that you do not submit them to us without first entering into a separate confidentiality agreement with us. Please refrain from providing any proprietary or confidential information through Submissions.
We appreciate your feedback and ideas, and they can contribute to the improvement of our App.
10. THIRD-PARTY WEBSITE AND CONTENT
The App may contain links to other websites ("Third-Party Websites") and may provide access to articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items originating from third parties ("Third-Party Content"). It is important to note that these Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. Consequently, we are not responsible for any Third-Party Websites accessed through the App or any Third-Party Content posted on, available through, or installed from the App. This includes, but is not limited to, the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement by us. Should you choose to leave the App and access the Third-Party Websites or use or install any Third-Party Content, you do so at your own risk. Please be aware that these Terms of Use no longer govern your activities, and you should review the applicable terms and policies, including privacy and data gathering practices, of any website you navigate to from the App or relating to any applications you use or install from the App.
Purchases made through Third-Party Websites are exclusively between you and the applicable third party, and we take no responsibility whatsoever in relation to such purchases. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites, and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
For your protection, exercise caution and carefully review the terms, conditions, and privacy policies of any Third-Party Websites you may visit.
11. APP MANAGEMENT
We reserve the right, though not obligated, to:
Monitor Compliance: Regularly monitor the App for violations of these Terms of Use.
Legal Action: Take appropriate legal action against anyone, at our sole discretion, who violates the law or breaches these Terms of Use. This may include reporting such users to law enforcement authorities.
Content Management: In our sole discretion and without limitation:
- Refuse, restrict access to, or limit the availability of any of your Contributions or any portion thereof.
- Remove from the App or otherwise disable all files and content that are excessive in size or burdensome to our systems, to the extent technologically feasible.
App Optimization: Manage the App in a manner designed to protect our rights and property. This includes, but is not limited to, actions aimed at facilitating the proper functioning of the App.
These measures are implemented to ensure the compliance of users with our Terms of Use, maintain the integrity of the App, and protect the rights and property of both users and the company. We reserve the right to take appropriate actions deemed necessary to achieve these objectives.
12. PRIVACY POLICY
We prioritize data privacy and security. It's essential to review our Privacy Policy at https://deltada.sh/Wiki/Legal/Privacy. By using the App, you agree to be bound by our Privacy Policy, which is an integral part of these Terms of Use.
Please note that the App is hosted in France. If you access the App from any other region of the world with laws or requirements governing personal data collection, use, or disclosure that differ from applicable laws in France, your continued use of the App signifies your consent to the transfer of your data to France and its processing in France.
Furthermore, we do not knowingly accept, request, or solicit information from children or knowingly market to children. In compliance with the U.S. Children's Online Privacy Protection Act, if we become aware that anyone under the age of 13 has provided personal information to us without requisite and verifiable parental consent, we will promptly delete that information from the App.
13. COPYRIGHT INFRINGEMENTS
We uphold the intellectual property rights of others. If you believe that any material available on or through the App infringes upon any copyright you own or control, please promptly notify us using the contact information provided below (a "Notification"). A copy of your Notification will be forwarded to the person who posted or stored the material mentioned in the Notification. It's important to note that, according to applicable law, you may be held liable for damages if you make material misrepresentations in a Notification. Therefore, if you are unsure whether material located on or linked to by the App infringes your copyright, we recommend consulting with an attorney before submitting a Notification.
For any copyright infringement concerns, please contact us using the information provided below.
14. TERM AND TERMINATION
These Terms of Use shall remain in full force and effect for the duration of your use of the App. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE APP (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON, FOR ANY REASON OR FOR NO REASON. THIS INCLUDES, WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE APP, DELETE YOUR ACCOUNT, AND REMOVE ANY CONTENT OR INFORMATION POSTED BY YOU AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are expressly prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including civil, criminal, and injunctive remedies.
15. MODIFICATIONS AND INTERRUPTIONS
We retain the right to change, modify, or remove the contents of the App at our sole discretion and without notice. While we are not obligated to update the App's information, we may choose to do so. Additionally, we reserve the right to modify or discontinue all or part of the App at any time without notice. You acknowledge that we will not be liable to you or any third party for any such modifications, price changes, suspensions, or discontinuances of the App.
The availability of the App is not guaranteed at all times. We may encounter hardware, software, or other issues or need to perform maintenance related to the App, which may result in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the App at any time or for any reason without notice. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the App during any downtime or discontinuance of the App. Nothing in these Terms of Use obligates us to maintain or support the App or to provide any corrections, updates, or releases.
16. GOVERNING LAW
These conditions are governed by and interpreted following the laws of France. The use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by the obligatory provisions of the law of your country of residence. Delta Dash and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Paris. This means that you may make a claim to defend your consumer protection rights in regards to these Terms of Use in France or in the EU country in which you reside.
For any legal matters or disputes related to these Terms of Use, the courts of Paris will have non-exclusive jurisdiction.
17. DISPUTE RESOLUTION
Binding Arbitration
Any dispute arising from the relationships between the parties to this contract shall be determined by one arbitrator, chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration, a part of the European Centre of Arbitration with its seat in Strasbourg. These rules in force at the time the application for arbitration is filed shall be adopted, and the seat of arbitration shall be France. The language of the proceedings shall be French, and applicable rules of substantive law shall be the law of France.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable. Such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
18. CORRECTIONS
There may be information on the App that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the App at any time, without prior notice.
19. DISCLAIMER
THE APP IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE APP AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APP AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APP'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE APP, AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS.
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP.
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP.
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY.
- ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APP, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
20. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
21. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the APP; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the App with whom you connected via the App. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
22. USER DATA
We will maintain certain data that you transmit to the App for the purpose of managing the performance of the App, as well as data relating to your use of the App. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the App. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the App, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the App, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE APP. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
24. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
25. DELTA (CHARACTER) USAGE AGREEMENT
As an integral part of the App, the character known as "Delta" (hereinafter referred to as "Delta") is a distinctive intellectual property owned or controlled by us. Your use of the App includes interaction with Delta, and you agree to comply with the specific terms and conditions outlined in the Delta Intellectual Property Terms (the "Delta Terms"). The Delta Terms govern the use, representation, reproduction, and any other interactions involving Delta.
By continuing to use the App, you acknowledge and agree to abide by the Delta Terms in conjunction with these Terms of Use. In the event of any conflict between these Terms of Use and the Delta Terms, the provisions of the Delta Terms shall prevail.
For your convenience, the Delta Intellectual Property Terms can be accessed here. Please review these terms carefully as they form an integral part of your agreement with us.
If you have any questions or concerns regarding the Delta Intellectual Property Terms, you may contact us using the contact information provided in these Terms of Use.
26. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the App or in respect to the App constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the App. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
27. CONTACT US
In order to resolve a complaint regarding the App or to receive further information regarding use of the App, please contact us at:
General Contact Mail: [email protected]
Copyright Notifications: [email protected]