What information do the Apps obtain and how is it used?
User Provided Information
The Apps obtain the information you provide when you download and register the Apps. Registration with us is optional. However, please keep in mind that you may not be able to use some of the features offered by the Apps unless you register with us.
When you register with us and use the Apps, you generally provide (a) your first and last name, email address, and password to register a generic account with us. You may also provide information about yourself such as age, gender identification, religion preference, likes and dislikes, and other registration information to match you with others using the Apps for you to communicate together; (b) transaction-related information when you use applications from us; (c) information you provide us when you contact us for help, and; (d) information you enter into our system when using the Apps, such as contact information and messages sent to other users or to our team.
We may also use the information you provided us to contact you from time to time to provide you with important information, required notices and marketing promotions.
Automatically Collected Information
In addition, the Apps may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, and information about the way you use the Apps.
This information is collected when the Apps are not behaving as intended and for analytics usage purposes for us to improve the Apps for you.
Do the Apps collect precise real time location information of the device?
In the mobile applications, with your permission, we may use GPS technology (or other similar technology) to determine your current location in order to determine the city you are located within and display a location map to help you find relevant information that may help you. We will not share your current location with other users or partners.
If you do not want us to use your location for the purposes set forth above, you should turn off the location services for the mobile applications located in your account settings or in your mobile phone settings and/or within the mobile applications.
Do third parties see and/or have access to information obtained by the Apps?
Yes. We will share your information with third parties only in the ways that are described in this privacy statement.
We may disclose User Provided and Automatically Collected Information:
* as required by law, such as to comply with a subpoena, or similar legal process;
* when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
* when using third-party analytics products such as Firebase, Fabric, Google Analytics that record your app usage. This information is captured directly from the third-party services while using the Apps automatically and is viewed by our team to fix issues with the Apps and find ways to improve the Apps.
What are my opt-out rights?
You can stop all collection of information by the Apps easily by uninstalling the Apps. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
Data Retention Policy, Managing Your Information
We will retain User Provided data for as long as you use the Apps and for a reasonable time thereafter. If you'd like us to delete User Provided Data that you have provided via the Apps, please contact us at firstname.lastname@example.org and we will respond in a reasonable time. Please note that some or all of the User Provided Data may be required in order for the Apps to function properly.
You may contact us at email@example.com at any time and ask for a copy of your User Provided data. We thank you for trusting us with your data and want to give you the option to view your data at any time.
We do not use the Apps to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at firstname.lastname@example.org. We will delete such information from our files within a reasonable time.
We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Apps. Please be aware that, although we endeavor provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
If you have any questions regarding privacy while using the Apps, or have questions about our practices, please contact us via email at email@example.com.
Delightful Terms of Service
These are our terms of service. They're long and boring, but they're here to protect both you and us - and make sure we have a long and happy relationship together. Please take a moment to review all of these terms, so you know what you're agreeing to.
If you find a Delightful account which you believe violates our terms of service, please contact us immediately and let us know.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Descartes Creations, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk.
Your Delightful Account
If you create an account on the Website, you are responsible for maintaining the security of your account and all of it's contents, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Descartes Creations may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Descartes Creations liability. You must immediately notify Descartes Creations of any unauthorized uses of your account or any other breaches of security. Descartes Creations and its suppliers and licensors will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
You must be a human. Accounts registered by "bots" or other automated methods are not permitted. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. Your login may only be used by one person - a single login shared by multiple people is not permitted. You are responsible for maintaining the security of your account and password. Descartes Creations cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
Responsibility of Users
If you operate an account, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party; your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other accounts and web sites, and similar unsolicited promotional methods; your account is not named in a manner that misleads your readers into thinking that you are another person. For example, your account's URL or name is not the name of a person other than yourself; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Descartes Creations or otherwise. By submitting Content to Descartes Creations for inclusion on your Website, you grant Descartes Creations a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your account. If you delete Content, Descartes Creations will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Descartes Creations has the right (though not the obligation) to, in Descartes Creations's sole discretion (i) refuse or remove any content that, in Descartes Creations's reasonable opinion, violates any Descartes Creation policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Descartes Creations's sole discretion. Descartes Creations will have no obligation to provide a refund of any amounts previously paid.
Responsibility of Website Visitors
Descartes Creations has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Descartes Creations does not represent or imply that it endorses the material posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Descartes Creations disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which DelightfulJournal.com links, and that link to DelightfulJournal.com. Descartes Creations does not have any control over those non-Descartes Creations and non-Delightful websites and webpages, and is not responsible for their contents or their use. By linking to a non-Descartes Creations or non-Delightful website or webpage, Descartes Creations does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Descartes Creations disclaims any responsibility for any harm resulting from your use of non-Delightful websites and webpages.
Copyright Infringement and DMCA Policy
As Descartes Creations asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by DelightfulJournal.com violates your copyright, you are encouraged to notify Descartes Creations via firstname.lastname@example.org. Descartes Creations will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Descartes Creations will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Descartes Creations or others.
This Agreement does not transfer from Descartes Creations to you any Descartes Creations or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Descartes Creations. Descartes Creations, Delightful, DelightfulJournal.com, the Delightful logo, and all other trademarks, service marks, graphics and logos used in connection with DelightfulJournal.com, or the Website are trademarks or registered trademarks of Descartes Creations or Descartes Creations's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Descartes Creations or third-party trademarks.
Descartes Creations reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Descartes Creations may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Descartes Creations may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your DelightfulJournal.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Website is provided "as is". Descartes Creations and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Descartes Creations nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
In no event will Descartes Creations, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Descartes Creations under this agreement during the twelve (12) month period prior to the cause of action. Descartes Creations shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless Descartes Creations and its contractors and its licensors and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Descartes Creations and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Descartes Creations, or by the posting by Descartes Creations of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.