Terms and Conditions
Terms and Conditions of Use.
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General Terms and Conditions
The terms and conditions listed below govern use of the online services of the Deltae platform ("Deltae", "Platform" or "Service"). The terms "You", "Your" and "User" in uppercase or lowercase shall mean the entity entering into a User Agreement with The Platform.
Intellectual Property and Copyright
You retain any intellectual property rights You have regarding submitted digital images and other content that You import into Deltae. You are responsible for knowing the intellectual property rights regarding Your submitted data, and when You do not own the necessary rights and permissions, the data should not be submitted to Deltae.
The Platform grants You the right to use the information, graphical and textual, that the Platform has derived from Your submitted data, as long as Deltae is clearly attributed as the source of this data and its derivations.
The Platform reservers the rights to use the original files You have submitted to use for customer service, resubmission or private performance evaluation and optimization within Deltae.
The Platform reserves the rights to use (derivations of-) user data to a limited extent, see Privacy Policy.
Privacy Policy
The Platform reserves the right to use information about visitors and users (e.g. dates, times, visits, etc.) for anonymous site usage statistics and improvement of the Platform.
The Platform is designed to utilize cookies for optimal user performance. Cookie preferences can be changed through Your browser settings.
You grant Deltae the right to use derivations of uploaded images (defined as image (quality-) statistics and any subsampled image or crop within 800x800 pixels) publicly as long as the data is (made) anonymous and can not be linked to a user or account.
Representations, Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DELTAE OFFERS THE INFORMATION AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO You.
Limitation on Liability / Disclaimer
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL DELTAE BE LIABLE TO You ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THESE CONDITIONS OR THE USE OF THE PLATFORM, EVEN IF DELTAE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Content
For users that use the Platform without direct charges, the Platform is provided "As Is", without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and noninfringement. In no event shall Deltae or any other contributor be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the Platform or the use or other dealings in the Platform. Deltae cannot guarantee unrestricted, unlimited or indefinite access and use of the Platform or any particular data within- or part of- the Platform.
Termination
Deltae reserves the right to terminate the access to the Platform at any time and without notice, on a individual or global level. You nor any other user will be entitled to any payment or compensation whatsoever in respect of such termination.
You can at any time terminate Your account with Deltae without financial consequence.
Deltae is not responsible for any loss of data resulting from termination, initiated by either the User or Deltae.