Delve is a platform that allows content creators (“Users”, “Creators”) to develop and publish tours (“Tours”) which are downloaded (“Downloads”) and viewed by users . Creators may opt to set a price for their Tour Downloads and may be entitled to receive a portion of that fee, which is collected by Delve Core, LLC, (“Delve”). Downloads may be to devices (“Device”) including, but not limited to, mobile phones and tablets. Downloads are associated either with Devices or user accounts (“Accounts”).
By downloading, accessing, or using the mobile applications, websites, or other products and services (“Services”) of Delve you agree to be bound by these Terms of Service (“Terms”). Your access to and use of the Services provided by Delve is conditioned upon your acceptance and compliance with these Terms. Violation of any of the terms below will result in the termination of your account and the removal of your Tours and Downloads.
You may use the Services only if you can form a binding contract with Delve and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that Delve provides are always evolving and the form and nature of the Services that Delve provides may change from time to time without prior notice to you. In addition, Delve may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
Your Account security is your responsibility. This includes using a “strong “password (a password that contains both upper and lower case letters, in addition to numbers and symbols) unique to your Account. You are responsible for safeguarding the password and email address you use to access the Services, and Delve will not be liable for any loss or damage from your failure to comply with the above.
The Services provided by Delve allow you to create, store, transmit and access content including, but not limited to, audio, video, photos, graphics, and text (“Content”).
You agree that you are solely responsible for your Content and any claims arising therefrom, and that Delve is not responsible or liable for any Content or claims arising therefrom. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit, upload, store, or publish.
You retain all rights in your Content. By submitting, storing, or publishing Content on or through the Services, you grant Delve an irrevocable, worldwide, non-exclusive, perpetual, transferable, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will Delve be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
While not obligated to do so, we reserve the right, and have absolute discretion, to review, screen, and delete Content at any time and for any reason. Delve is intended to be family friendly and you may not upload or publish Content that is obscene, pornographic, or contains graphic or gratuitous violence.
Delve exclusively owns all right, title, and interest in the Services, including all associated intellectual property rights. Without limiting the foregoing, you may not duplicate, copy, or reuse any portion of the Services without express written permission from Delve.
You agree that any feedback, ideas, or other information or materials regarding the Services you provide by email or otherwise are non-confidential an the sole property of Delve. We are entitled to the unrestricted use and dissemination of any such communication for any purpose, commercial or otherwise, without acknowledging or compensating you. You waive any rights you may have in such communications.
Once payment has been received, Delve does not offer refunds on Downloads or service fees.
Calculations for Downloads are done based on actual transaction data captured by Delve and may be adjusted to account for errors. Data displayed on the website is for informational purposes only and does not represent the actual number of Downloads.
You are solely responsible for properly canceling your account. Account cancellation requests must be sent in writing to firstname.lastname@example.org. Cancellation request receive by any other means to any other email address will not be considered valid. Cancellation must be done at least 3 days prior to the next billing cycle, or you will be responsible for the next cycle's bill.
Tours purchased and associated with a Device are not permanent. If the mobile application is uninstalled or Device lost or reset for any reason, access to the Tour will be lost and not restored.
Downloads, free or paid, associated with a Device or Account, entitle you to view the Content that makes up the Tour within the Services. For Downloads associated with a Device, you are entitled to view the Tour on that Device only. For Downloads associated with an Account, you are entitled to view the Tour on up to 3 Devices at a time. Devices are automatically associated with your account upon logging in from the Device. A Device is deauthorized through the Services and is your responsibility. A complete deauthorize of all Devices on your account can be done only once every thirty days.
Viewing the Download on more than the appropriate number of Devices, viewing the Tour in any way except through the Services, or saving (including but not limited to screenshots, audio, and video recording) any part of the Content contained within the Tour outside of the Services, is a violation of these terms and will result in cancellation of your account.
Delve Services may provide access to Content on Devices over mobile networks. Content contained in Downloads may be large, and you should be aware that your carrier's normal rates and fees will still apply.
Your use of the Services are at your sole risk. THE SERVICES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. DELVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICES, CONTENT AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE.
Delve does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You understand that Delve uses third party vendors to provide the necessary digital infrastructure to run the Services.
You must not modify, hack, adapt or imitate any aspect of the Services. You must not duplicate, reproduce, reverse engineer, copy, sell, resell or exploit the Services without express written permission from Delve.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DELVE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DELVE EXCEED THE GREATER OF FIVE HUNDRED U.S. DOLLARS (U.S. $500.00) OR THE AMOUNT YOU PAID DELVE, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT DELVE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify, and hold Delve, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Services; (ii) your violation of these Terms of Service; or (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right by you or your organization.
The failure of Delve to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.