Terms Of Use
Terms of Use of Della Connect and ContentDella Connect is a service provided by Della, Inc. (“Della”, “we” or “us”), located at 6849 S 700 W, Suite 300, Midvale, Utah 84047. Your use of Della Connect services and related apps (including any Della app and third-party apps) (referred to as "Content") available through it is subject to these Della Connect Terms of Service; Privacy Policy (“Terms”).
Access to and Use of Content
You may use Della Connect apps to access Content for your mobile, computer, tv, or other supported device (“Device”). To use Della Connect, you will need a Device that meets the system and compatibility requirements for the relevant Content, working Internet access, and compatible software. Content may be offered by Della or made available by third-parties not affiliated with Della. Della is not responsible for and does not endorse any Content made available through Della Connect that originates from a source other than Della.
Access Restrictions
In order to use the Content, you must have a valid Della account (“Della Account”), subject to the following age restrictions. If you are considered a minor in your country, you must have your parent or legal guardian’s permission to use the Della Content and to accept the Terms. You must comply with any additional age restrictions that might apply for the use of specific Content or features.
Ownership
Della, its Affiliates, or its licensors own all right, title, and interest in and to any and all copyrights, trademark rights, patent rights, database rights, trade secret, and other intellectual property or other rights in and to the Della Services and Della Content, any improvements, design contributions, or derivative works thereto, and any knowledge or processes related thereto (including any machine learning algorithms output from the Content) and/or provided hereunder. You agree that Della shall own all right, title, and interest in any suggestion, enhancement request, recommendation, correction, or other feedback provided by you or Users relating to the use or operation of the Della Services or Content.
Third-Party Services
When applicable, Della may make available to you third-party applications, products or services, including, for example, Non-Della applications and other third-party services (“Non-Della Services”). You acknowledge that the Third-Party provider owns the Non-Della Services and Non-Della Content, including all corresponding intellectual property rights, and you are responsible for obtaining any required license to use the Non-Della Services and Content. Any acquisition or use by you of such Non-Della Services and Content, and any exchange of data between you and any Non-Della provider, product or service is solely between you and the applicable Non-Della provider. Della does not warrant, support, or assume liability or other obligation with respect to such Non-Della Services, unless expressly provided otherwise herein. Della is not responsible for any disclosure, modification or deletion of Customer Data resulting from access by such Non-Della Services or its Third-Party provider. When applicable, in the event you choose to use or integrate third-party Non-Della Services with Della Services in a manner that requires Della to exchange customer data or information with such Non-Della Service or Third-Party provider, you: (a) grant Della permission to allow the Non-Della Service and Third-Party provider to access customer data and information, including your usage of the Non-Della Services as appropriate and necessary to enable the interoperation of that Non-Della Service with the Della Services; (b) acknowledges that any exchange of data between you and any Non-Della Service is solely between you and the Third-Party provider and is subject to the Third-Party provider’s terms and conditions governing the use and provision of such Non-Della Service; and (c) agree that Della is not responsible for any disclosure, modification or deletion of your personal data resulting from access to such data by Non-Della Services and Third-Party providers.
Third-Party Fees
We reserve the right to revise this Privacy Policy at any time. Any changes will be reflected on this page, with the effective date updated accordingly. We recommend checking this Privacy Policy periodically for any updates.
Updates
Content may need to be updated, for example, for bug fixes, enhanced functions, missing plug-ins and new versions (collectively, “Updates”). Such Updates may be necessary in order for you to use or to access, download Content. By agreeing to these Terms and using the Content, you agree to receive such Updates automatically. You may be able to manage Updates to certain Content via settings in your Device. If it is determined, however, that the Update will fix a critical security vulnerability or critical operability issue related to the Content, or will prevent abuse, the Update may be completed irrespective of your update settings in your Device. If another app store attempts to update Content that was initially downloaded from Della Connect, you may receive a warning or such updates may be prevented entirely.
Privacy Policy
Privacy Personal identification information
Della (and third-party apps) may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users download or use the Content, visit our site, register on the site, fill out a form, order equipment or services, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, phone number, or other personal identifiable information. Della will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, except that it may prevent them from engaging in certain Site or Content related activities. Della’s Content is intended for use by North American Users only. Any personal or non-personal identification information provided by or collected from any European Union (“EU”) citizens will be deleted.
Information about You
Della’s Privacy Policy explains how we treat your personal data and protect your privacy when using Della Connect and Content. Della may need to provide your personal information, such as your name and email address, to Providers for the purposes of processing your transactions or provisioning Content to you. Providers agree to use this information in accordance with their privacy policies.
Non-personal identification information
Della may collect non-personal identification information about Users whenever they access or use the Content. Non-personal identification information may include the browser, the type of computer and technical information about Users means of connection to our Site or Content, such as the operating system and the Internet service providers utilized and other similar information.
Use of collected information
Della collects and uses Users personal information for the following purposes: 1) To improve customer service. Your information helps us to more effectively respond to your customer service requests and support needs. 2) To personalize user experience. We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site. 3) To improve our Site. We continually strive to improve our website and Content offerings based on the information and feedback we receive from you. 4) To process transactions. We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service. 5) To administer content, promotion, survey or other Site features. 6) To send Users information they agreed to receive or about topics we think will be of interest to them. 7)To send periodic emails. The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If a User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.
Protecting your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sharing personal information
Della does not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Changes to privacy policy
Della has the discretion to update its privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. By using the Content, you acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.
Unauthorized Access to Accounts
You must keep your account details secure and must not share them with anyone else. You must not collect or harvest any personal data of any user of Della Connect, including account names.
Disabled Accounts
If Della disables access to your account in accordance with the Terms (for example if you violate the Terms), you may be prevented from accessing Della Connect and Content, your account details or any files or other Content that is stored with your account.
Changes to these Terms
Della may, in its sole discretion, update and make changes to these Terms at any time. Your continued use of the Content will indicate your acceptance of the new Terms. The new Terms will apply to your use of all Content (including Content you have installed or purchased in the past) and all subsequent installs or purchases.
Rights and Restrictions
License to Use Content
Della may, in its sole discretion, update and make changes to these Terms at any time. Your continued use of the Content will indicate your acceptance of the new Terms. The new Terms will apply to your use of all Content (including Content you have installed or purchased in the past) and all subsequent installs or purchases.
Violation of License Terms
If you violate any of the Terms, your rights under this license will immediately terminate, and Della may terminate your access to Della Connect, the Content or your account without refund to you.
Restrictions
You may not:
Display (in part or in whole) the Content as part of any public performance or display even if no fee is charged except (a) where such use would not constitute a copyright infringement or violate any other applicable right or (b) as specifically permitted and only in the exact manner provided.
Sell, rent, lease, redistribute, broadcast, transmit, communicate, modify, sublicense, transfer, assign any Content to any third party including with regard to any downloads of Content that you may obtain through Della except as specifically permitted and only in the exact manner provided.
Use Della Connect or any Content in conjunction with any stream-ripping, stream capture or similar software to record or create a copy of any Content that is presented to you in streaming format.
Use Content as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted and only in the exact manner provided.
Attempt to, or assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components that protect, obfuscate or otherwise restrict access to any Content or Della Connect.
Remove any watermarks, labels or other legal or proprietary notices included in any Content, or attempt to modify any Content obtained through Della Connect, including any modification for the purpose of disguising or changing any indications of the ownership or source of Content.
Third-Party Provisions
Notwithstanding anything to the contrary in these Terms, the third parties who license their Content to Della are intended third party beneficiaries under these Terms solely with respect to the specific provisions of these Terms that directly concern their Content (“Third-Party Provisions”), and solely for the purpose of enabling such third parties to enforce their rights in such Content. For the avoidance of doubt, nothing in these Terms confers a third-party beneficiary right upon any party, with respect to any provision that falls outside the Third-Party Provisions, which includes but is not limited to any provisions or agreements incorporated by reference, or that may be referenced without incorporation, in these Terms.
Removal or Unavailability of Content
Subject to the Terms, Content that you purchase or install will be available to you through Della for the period selected by you, and in other cases as long as Della has the right to make such Content available to you. In certain cases (for example if Della loses the relevant rights, a service or Content is discontinued, there are critical security issues, or there are breaches of applicable terms or the law), Della may remove from your Device or cease providing you with access to certain Content that you have purchased. For Content sold by Della, you may be given notice of any such removal or cessation, when possible, and at Della’s discretion. If you are not able to download a copy of the Content before such removal or cessation, Della may offer you either (a) a replacement of the Content if possible or (b) a full or partial refund of the price of the Content. If Della issues you a refund, the refund shall be your sole remedy.
Limits on access on Devices
Della may from time to time place limits on the number of Devices or software applications you may use to access Content.