Legal Terms for Delta Development

Effective Date: September 19, 2021

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Terms of Service

Acceptance of Terms

These Terms form a legally binding contract between you and Delta Development. By using the Services in any way, you agree to comply with these Terms, including our Privacy Policy and Cookie Policy outlined below. If you do not agree, you may not use the Services.

Changes to Terms

We may update these Terms from time to time to reflect changes in our Services or legal requirements. We will notify you of material changes by posting a notice on the Website, sending an email, or other reasonable means. Your continued use of the Services after such changes constitutes your acceptance of the updated Terms. No amendments to these Terms will be effective unless in writing and signed by both you and us, except as described here.

Eligibility

To use the Services, you must:

• Be at least 18 years old or have parental/guardian consent to use the Services, with such parent/guardian agreeing to these Terms on your behalf.
• Not be located in a country subject to a U.S. government embargo or designated as a “terrorist supporting” country, nor be listed on any U.S. government list of prohibited or restricted parties.
• Use the Services only for personal, non-commercial purposes, unless otherwise agreed in writing with Delta Development.

Account Registration

Some Services may require you to create an account. You agree to:

• Provide accurate, complete, and updated registration information.
• Not use a name you don’t have the right to use or impersonate another person.
• Keep your account credentials secure and not share them with anyone.
• Be responsible for all activities associated with your account.

Prohibited Conduct

You agree not to use the Services to:

• Violate any laws, regulations, or third-party rights, including intellectual property rights.
• Engage in harmful, fraudulent, deceptive, threatening, harassing, defamatory, or obscene behavior.
• Attempt to access or jeopardize the security of any account, network, or system.
• Use automated means (e.g., bots, scrapers) to access or collect data from the Services.
• Copy, reproduce, distribute, or exploit any content without prior consent from the content owner.
• Interfere with the proper functioning of the Services.

Violation of these restrictions may result in suspension or termination of your access to the Services.

Intellectual Property

All content on the Services, including text, graphics, logos, and software (collectively, “Content”), is owned by Delta Development or its licensors and protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, modify, distribute, or exploit any Content without prior written consent, except as expressly permitted by these Terms.

User Submissions

Any content you post, upload, or share through the Services (“User Submissions”) remains your property. By submitting User Submissions, you grant Delta Development a worldwide, royalty-free, perpetual, sublicensable, and irrevocable license to:

• Use, reproduce, modify, and distribute your User Submissions to operate the Services.
• Display Public User Submissions (shared publicly) to all users and use them in connection with Delta Development’s business, with notice to you if used for purposes other than display on the Services.
• Display Limited Audience User Submissions (shared with specific users) to those users only.

You represent and warrant that you have all necessary rights to grant these licenses. Upon account deletion, we will stop displaying your User Submissions (except Public User Submissions, which may remain accessible), but copies may persist in backups or with other users who accessed them.

Termination

You may stop using the Services at any time by contacting us at [email protected]. We may suspend or terminate your access to the Services at our discretion, including for violations of these Terms. Upon termination, your account data may be deleted, though we will attempt to notify you in advance to allow retrieval of important User Submissions, unless impractical or prohibited by law. Provisions regarding intellectual property, licenses, and liability will survive termination.

Warranty Disclaimer

The Services and Content are provided “AS IS” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the Services will be uninterrupted, error-free, or free of viruses. Some jurisdictions do not allow certain warranty exclusions, so these limitations may not apply to you.

Limitation of Liability

To the fullest extent permitted by law, Delta Development and its affiliates, officers, employees, and agents will not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages, including lost profits or data.
• Any amount exceeding the greater of $100 or the amounts paid by you to Delta Development for the Services in the 12 months preceding the claim.

Some jurisdictions do not allow certain limitations of liability, so these exclusions may not apply to you.

Indemnity

You agree to indemnify and hold Delta Development harmless from any claims, damages, losses, or expenses (including attorneys’ fees) arising from your use of the Services or violation of these Terms.

Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any disputes will be resolved through arbitration in San Francisco County, California, under the Streamlined Arbitration Rules of JAMS, by a single arbitrator with expertise in commercial contracts. You and Delta Development waive the right to a jury trial or class action. You consent to the exclusive jurisdiction of courts in San Francisco County, California, for injunctive or equitable relief.

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Privacy Policy

Our Commitment to Privacy

Delta Development values your privacy. This Privacy Policy explains how we collect, use, and protect your Personal Data when you use our Services. We comply with the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).

Personal Data We Collect

We collect Personal Data you provide directly, such as:

• Identity Data: Name, username, date of birth, gender.
• Contact Data: Email address, phone number, billing address.
• Transaction Data: Payment details and purchase history.
• Content Data: Posts, comments, or other contributions to the Services.
• Technical Data: IP address, browser type, device information.
• Marketing Preferences: Your preferences for receiving marketing communications.

We may also collect Personal Data from third parties, such as:

• Social media platforms (e.g., profile data).
• Analytics providers (e.g., behavioral data).
• Affiliates or partners (e.g., transaction data).

We do not collect Special Categories of Personal Data (e.g., race, health, or biometric data) or data about criminal convictions.

How We Use Your Personal Data

We use Personal Data to:

• Provide and improve the Services, including account management and customer support.
• Process payments and prevent fraud.
• Personalize content and communications.
• Analyze usage to enhance functionality and security.
• Comply with legal obligations.

Our legal bases under GDPR include:

• Performance of a contract (e.g., to provide Services).
• Legitimate interests (e.g., improving Services, marketing).
• Consent (where explicitly obtained, revocable at any time).
• Legal obligations (e.g., responding to legal requests).

If you fail to provide necessary Personal Data, we may be unable to provide certain Services.

Your Privacy Rights

You have the right to:

• Access, correct, or delete your Personal Data.
• Object to or restrict processing of your Personal Data.
• Request data portability.
• Withdraw consent (where applicable).

Data Sharing

We may share Personal Data with:

• Service providers (e.g., payment processors, hosting services) under strict confidentiality agreements.
• Affiliates or partners for operational purposes.
• Law enforcement or regulators to comply with legal obligations.

We do not sell your Personal Data.

Data Security and Retention

We use industry-standard security measures to protect your Personal Data. We retain Personal Data only as long as necessary for the purposes outlined in this policy or as required by law.

International Data Transfers

If you are in the EU, your Personal Data may be transferred to the U.S. or other countries. We ensure appropriate safeguards, such as Standard Contractual Clauses, are in place for such transfers.

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Cookie Policy

What Are Cookies?

Cookies are small text files stored on your device when you visit our Website. They help us enhance your experience, analyze usage, and deliver personalized content.

Types of Cookies We Use

• Essential Cookies: Necessary for the Website to function (e.g., session management, authentication).
• Analytics Cookies: Track usage patterns to improve the Services (e.g., page views, time spent).
• Marketing Cookies: Enable personalized ads based on your interests.

How We Use Cookies

We use cookies to:

• Ensure the Website operates correctly.
• Analyze traffic and user behavior.
• Deliver tailored content and advertisements.

Managing Cookies

You can control cookies through your browser settings. Disabling cookies may limit some Website functionality. For more information, visit www.allaboutcookies.org.

Third-Party Cookies

We may use third-party services (e.g., Google Analytics) that set cookies. These providers are subject to their own privacy policies.

Updates to This Policy

We may update this Cookie Policy to reflect changes in our practices. We will notify you of material changes via the Website or email.

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Additional Information

Third-Party Links

The Services may contain links to third-party websites or services. We are not responsible for their content, privacy policies, or practices. Review the terms and policies of any third-party sites you visit.

Contact Us

For any questions about these Terms, contact us at [email protected].