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This User Agreement (the "User Agreement"), the Delta Air Lines, Inc. ("Delta") website Terms of Use, and Delta's Privacy Policy govern your use of this Site (the "Site") and your participation in SkyMiles Experiences® online auctions (each an "Auction"). The Delta website Terms of Use and Delta's Privacy Policy are incorporated by reference into this User Agreement. By registering as a user or using the Site, you agree to abide by this User Agreement. Delta reserves the right to modify it at any time, effective upon posting. You agree to review this User Agreement periodically to become aware of such modifications. Any violation of the terms of this User Agreement may result in the suspension or termination of your right to access or use the Site. Like any community, the Site is most valuable when everyone follows certain basic guidelines and rules of conduct. This User Agreement details what is expected of you when using the Site.
The Site is an English language forum, and use of the Site is governed by U.S. law, as provided in this User Agreement.
Experiences provided by unaffiliated entities does not constitute or imply any endorsement of, sponsorship with, or affiliation between Delta and any such entity.
All SkyMiles program rules apply. To review the rules, please visit Membership Guide & Program Rules. Violation of this SkyMiles Experiences User Agreement may be deemed a breach of the SkyMiles Program and Program Rules.
You acknowledge and agree that the relationship between you and Delta is not a confidential, fiduciary, or other special relationship. You and Delta are independent contractors, and no agency, partnership, employer-employee or franchiser-franchisee relationship is intended or created by this User Agreement.
To the maximum extent permitted by law, you hereby release and agree to hold harmless and indemnify Delta, its subsidiaries, affiliated entities, employees, directors, officers, attorneys, agents, joint venturers, licensees and assigns and each of their respective designees ("Delta Entities") with respect to any claims, damages, costs, losses and expenses, including reasonable attorneys' fees, due to, caused by, or arising out of (i) your use of the Site, (ii) your participation in any Auction, (iii) your use or receipt of any item obtained through use of the Site or participation in any Auction, (iv) your participation in any auctioned experience, including, but not limited to personal injury, property damage or other loss or costs sustained or incurred by the winning bidder, (v) your violation of this User Agreement or Delta's website Terms of Use, and (vi) your violation of any law or the rights of a third party.
Delta's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
Disclaimer of Warranties and Limitation of Liability
Delta does not warrant or guarantee the accuracy, reliability, completeness, usefulness, non-infringement of intellectual property rights, or quality of any content on the Site regardless of who originates that content. Delta cannot and does not guarantee continuous or secure access to its services, and operation of the Site may be interfered with by numerous factors outside of its control, including but not limited to technical errors related to computers, servers, access providers, or telephone or network lines. You expressly understand and agree that you bear all risks associated with using or relying on that content, and you are responsible for all of your activity on the Site and for the security of your computer system. THE DELTA ENTITIES WILL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE SITE INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL, REPUTATION, OR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT. This disclaimer and limitation on liability is in addition to the disclaimers and limitations contained in the Website Terms of Use that apply to all of Delta's websites.
NEITHER DELTA, THE DELTA ENTITIES NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING SKYMILES EXPERIENCES, OR ANY ITEM, EXPERIENCE OR SERVICE RELATED THERETO, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE SITE, PARTICIPATION IN ANY AUCTION, USE OF OR PARTICIPATION IN ANY AUCTION ITEM OR EXPERIENCE, OR THE INABILITY TO USE THE SITE, PARTICIPATE IN AN AUCTION, OR CLAIM ANY AUCTION ITEM OR EXPERIENCE.
Delta has the right to terminate, suspend or cancel your registration and/or ability to use the Site at any time, in Delta's sole discretion, and in addition to any other remedies Delta may pursue against you. If you violate this User Agreement, we may issue you a warning about the violation, or we may choose to immediately terminate, suspend or cancel your registration and/or ability to use the Site. You acknowledge that Delta is not required to provide you notice before terminating, suspending, or cancelling your registration and/or ability to use the Site.
You understand and agree that the cancellation of your registration is your sole right and remedy with respect to any dispute with Delta arising out or relating to the Site. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this User Agreement or Delta's enforcement or application of this User Agreement or (2) your ability to access and/or use the Site.
You can cancel your registration by delivering notice to the moderator of the Site.
This User Agreement shall continue to govern all use of the Site prior to and following any termination, suspension, or cancellation of your registration and/or ability to use the Site.
Registered users of the Site may not allow former users whose registration or ability to use the Site has been terminated, suspended, or cancelled to use the Site through them.
If your registration and/or ability to use the Site is terminated or suspended, you may not participate in the Site again without our express written permission.
Delta has absolute discretion to enforce the terms of this User Agreement, including, but not limited to, warning users of violations, disabling or suspending access to the Site, deleting, screening or editing any content, or prohibiting any behavior that does not comply with this User Agreement, or which is otherwise inappropriate for the Site. Deliberate attempts by users or someone on their behalf to evade or circumvent their suspension or termination of rights to use the Site violates this User Agreement, constitutes an unlawful trespass to Delta's equipment and systems, and may result in legal action.
Delta shall have the right, but not the obligation, to use your name, likeness, biography and other information about you in connection with any use of the Site. Delta also may release information concerning your use of the Site (including posted content, private messaging, registration information, and network records) when Delta believes release is appropriate to comply with the law; to enforce or apply Delta's website Terms of Use and this User Agreement; to protect Delta's rights or property, or to protect Site users from fraudulent, abusive, or unlawful use of the Site; or if Delta reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records. To the extent Delta's Privacy Policy is inconsistent with the provisions of this paragraph, the terms of this User Agreement supersede the Privacy Policy.
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur on the Site under your account.
You acknowledge that Delta may establish general practices and limits concerning use of the Site, including without limitation the maximum number of days that email or other uploaded content will be retained by the Site, the maximum number of email messages that may be sent from or received by an account on the Site, the maximum size of any email message that may be sent from or received by an account on the Site, the maximum disk space that will be allotted on Delta's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You agree that Delta has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Site. You acknowledge that Delta reserves the right to delete accounts that are inactive. You further acknowledge that Delta reserves the right to modify these general practices and limits from time to time.
The Site contains robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to Delta by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.
Additionally, you agree that you will not, by or through your use of the Site:
Use of the Site by employees of Delta and its subsidiaries is subject to all Delta and subsidiary policies and standards, in addition to this User Agreement.
THIS AGREEMENT SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF GEORGIA, EXCLUDING ITS PRINCIPALS OF CHOICE OF LAWS. THE PARTIES AGREE THAT ALL LEGAL PROCEEDINGS IN CONNECTION WITH THE ENFORCEMENT, CONSTRUCTION, INTERPRETATION, BREACH OR VIOLATION OF THIS AGREEMENT SHALL BE SUBMITTED TO THE STATE OR FEDERAL COURTS IN ATLANTA, FULTON COUNTY, GEORGIA AND THAT JURISDICTION AND VENUE ARE PROPER IN SUCH COURTS.
If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Delta's failure to act with respect to a breach by you or others does not waive Delta's right to act with respect to subsequent or similar breaches. Delta does not guarantee it will take action against all breaches of this User Agreement. This User Agreement sets forth the entire understanding and agreement between you and Delta with respect to its subject matter. The following Sections survive any termination of this Agreement or your registration: Relationship, , General Release, Disclaimer of Warranties and Limitation of Liability, Termination, Enforcement and Abuse, User Information, Governing Law and Venue, and Miscellaneous.
Delta Website Terms of Use: http://www.delta.com/legal/terms_of_use/index.jsp
Delta's Privacy Policy: http://www.delta.com/privacy_security/index.jsp