USE LICENSE AND RESTRICTIONS
This is the grant of a license, not a transfer of title, and under this license you may not:
- Modify or copy this material
- Resell, sublicense, transfer, assign, or distribute the app, its services or content
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial)
- remove any copyright or other proprietary notations from the materials
- transfer the materials to another person or “mirror” the materials on any other server or Internet-enabled device
All rights not expressly granted in this Agreement are reserved by us and our licensors. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Delta Earth at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
In addition, you may, at times, acquire products, services and/or content from this app. Delta Earth reserves the right to require you to submit to separate agreements as a condition for your purchase or use of such products, services and/or content.
POSTINGS TO APP
This app does not have any obligation to supervise, review or otherwise monitor any posts that you or any other user may post to this site. Any information posted to this app that may be viewable by others is not private or confidential, nor is it proprietary. However, Delta Earth does reserve the right to review any information posted to this app and remove it for any reason. Any posts or information that may subject this app or its owner to any legal liability is strictly prohibited. This includes, but is not limited to, any violation of any applicable state or federal rule, law or regulation. In addition, by participating on this app, you consent that we are not liable to you with respect to any information, material or other content posted by others, even is said material is in violation of this agreement.
Notice pursuant to the Communications Decency Act, 47 U.S.C. Section 230: As this app is a provider of “interactive computer services” under the aforementioned Act, we assume no responsibility for information, material or other content posted to this app by Third-Parties. Any posts made by Third-Parties do not reflect the opinions, judgments or assurances of this app or its owners. Further, this app does not assume responsibility to edit or control such posts by third-parties and this app does not assume any legal liability with respect to such postings by third-parties including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
Notice pursuant to Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”): In compliance with the DMCA this website does maintain an email address, physical address, phone number and an authorized agent for notice with regards to alleged infringement related to materials posted to this website. All notices should be addressed to the contact person specified below:
1197 Bayshore Drive, Englewood FL 34223
The DMCA requires that you include the following information in your notification to us: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
Delta Earth has not reviewed all of the sites linked to its app and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Delta Earth of the linking site. Use of any such link is at the user’s own risk.
You have permission to create a hyperlink to this app. This right is limited, revocable, and nonexclusive. You have been granted this permission on the condition that that the link does not portray this app, its owner or its products or services in a false, misleading, derogatory, or offensive matter. You must obtain prior express written consent to use any logo, trademark, or tradename that may be displayed on this app or other proprietary graphic image in the link.
PROMOTIONS MADE BY ADVERTISERS
At times advertisers may promote their contents, services or products on this app. You may participate or enter into correspondence with such advertisers. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.
Any claim relating to Delta Earth App shall be governed by the laws of the State of Wyoming without regard to its conflict of law provisions.
JURISDICTION AND VENUE
The materials on this app are provided “as is”. This app makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, this app does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or app otherwise relating to such materials or on any sites linked to this app.
Delta Earth In no event shall be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on this app, even if you have notified us of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
We shall not be liable for damages for any delay or failure of delivery arising out of any cause beyond the reasonable control of a party that could not, by reasonable diligence, be avoided, including acts of God, acts of war, terrorism, riots, embargoes, acts of civil or military authorities, denial of or delays in processing of export license applications, fire, floods, communication failures, earthquakes, accidents, or strikes.
NOTICE FOR CALIFORNIA USERS
California Civil Code Section 1798.83 permits our customers whom are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year.If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year, and, if the nature of the third parties’ business cannot reasonably be determined from the third parties’ name, examples of the products or services marketed, if known to us. If you are a California resident and would like to make such a request, please submit your request in writing to:
1197 Bayshore Drive, Englewood FL 34223
You have the right to contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries. To resolve a complaint regarding this Site or products/services purchased you may contact the California Department of Consumer Affairs. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, California, 95814, or by telephone at (916) 445-1254. You can obtain further information regarding use of this Site by contacting the California Department of Consumer Affairs.