1. This page (together with the documents referred to on it) tells you the terms of use (the “Terms of Use”) on which you may make use of our “Delicion” application for mobile devices (the “App”). Please read these Terms of Use carefully before you download, install or use the App. Your download, installation or use of the App constitutes your acceptance of these Terms of Use (which means you agree to abide by them), and your acceptance takes effect immediately and on the date on which you download, install or use the App. If you do not agree with these Terms of Use, you should cease downloading, installing or using the App immediately.
  2. The App is owned and operated by Delicion, LLC, a company organized and registered in South Dakota. When the terms “we”, “us” or “our” are used in this document, these terms refer to Delicion, LLC.
  3. We reserve the right to change these Terms of Use at any time without notice to you by posting changes by updating the App to incorporate the new terms of use. You are responsible for regularly reviewing information posted to obtain timely notice of such changes. Your continued use of the App after changes are posted constitutes your acceptance of the new or amended Terms of Use.
  4. To download, install, access or use the App, you must be 18 years of age or over. If you are under 18 and wish to download, install, access or use the App, you must get consent from your parent or guardian before doing so.
  5. You agree to consult a physician for advice and recommendations regarding your health care needs including whether the information and recipes in the App are appropriate for your dietary needs.
  6. You acknowledge that you are qualified and able to safely follow the recipes and use the suggested techniques, tools, appliances and other suggestions noted in the App. You accept full responsibility for any all potential or actual injuries to yourself and others that may and do result from your proper or improper use of the information in the App.
  7. We are a company registered in the state of South Dakota in the United States. We have complied with applicable South Dakota and United States laws in making the App and its content available to you. If the App is accessed by you outside the state or the United States, this is entirely at your risk. We make no representation that the App and its content are available or otherwise suitable for use outside the state or the United States. If you choose to access or use the App from or in locations outside the state or United States, you do so on your own initiative and are responsible for:
    1. ensuring that what you are doing in that jurisdiction or country is legal; and
    2. the consequences and compliance by you with all applicable laws, regulations, bylaws, codes of practice, licenses, registrations, permits and authorizations (including any laws that relate to businesses providing services).
  8. You are responsible for all access to the App through your mobile device and for bringing these Terms of Use to the attention of all such persons.
  9. Use of the App does not include the provision of a mobile device or other necessary equipment to access it. To download the App you will require Internet connectivity and appropriate telecommunication links. We shall not have any responsibility or liability for any Internet, telephone or other costs you may incur.
  10. You shall not in any way use the App or submit to us or to the App or to any user of the App anything which in any respect:
    1. is in breach of any law, statute, regulation or bylaw of any applicable jurisdiction;
    2. is fraudulent, criminal or unlawful;
    3. is inaccurate or out-of-date;
    4. may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
    5. impersonates any other person or body or misrepresents a relationship with any person or body;
    6. may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trademark rights and broadcasting rights) or privacy or other rights of us or any third party;
    7. may be contrary to our interests;
    8. is contrary to any specific rule or requirement that we stipulate on the App in relation to a particular part of the App or the App generally; or
    9. involves your use, delivery or transmission of any viruses, unsolicited emails, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
  11. You agree not to reproduce, duplicate, copy or re-sell the App or any part of the App save as may be permitted by these Terms of Use.
  12. You agree not to access without authority, interfere with, damage or disrupt:
    1. any part of the App;
    2. any equipment or network on which the App is stored;
    3. any software used in the provision of the App; or
    4. any equipment or network or software owned or used by any third party.
  13. You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sub-licensable license to use any material which you submit to us or the App for the purpose of use on the App or for general marketing (by any means and in any media, including, but not limited to, on our website) our services.
  14. Commentary and other materials available on the App are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of the App, or by anyone who may be informed of its content.
  15. You assume sole responsibility for results obtained from the use of the App, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the App, or any actions taken by us at your direction.
  16. You agree to comply at all times with any instructions for use of the App that we make from time to time.
  17. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

Availability of the App, Security & Accuracy

  1. We warrant that, in making the App available to you, we shall use our reasonable skill and care.
  2. Whilst we endeavor to make the App available 24 hours a day, we cannot be liable if for any reason the App is unavailable for any time or for any period. We make no warranty that your access to the App will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
  3. Access to the App may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the App for any reason. If we impose restrictions on you personally, you must not attempt to use the App under any other name or user or on any other mobile device.
  4. We do not warrant that the App will be compatible with all hardware and software that you may use. We shall not be liable for damage to, or viruses or other code that may affect any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the App or your obtaining any material from, or as a result of using, the App. We shall also not be liable for the actions of third parties.
  5. We may change or update the App and anything described in it without notice to you. If the need arises, we may suspend the App, or close it indefinitely.
  6. Whilst we endeavor to ensure that the information and materials on the App are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. This shall not affect any obligation that we may have under any express contract that we may have with you to provide you with products.

Independence from Platforms

  1. The App is independent of any platforms on which it is located. The App is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an “Operator”).
  2. Your download, installation, access to or use of the App is also bound by the terms and conditions of the Operator.
  3. You and we acknowledge that these Terms of Use are concluded between you and us only, and not with an Operator, and we, not those Operators, are solely responsible for the App and the content thereof to the extent specified in these Terms of Use.
  4. The license granted to you for the App is limited to a non-transferable license to use the App on a mobile device that you own or control and as permitted by these Terms of Use.
  5. We are solely responsible for providing any maintenance and support services with respect to the App as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
  6. In the event of any failure of the App to conform to any applicable warranty, you may notify the relevant Operator and that Operator will refund the purchase price for the App (if any purchase price has been paid) to you; and, to the maximum extent permitted by applicable law, that Operator will have no other warranty obligation whatsoever with respect to the App, and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
  7. You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
  8. You and we acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claim.
  9. You must comply with any applicable third party terms of agreement when using the App (e.g. you must ensure that your use of the App is not in violation of your mobile device agreement or any wireless data service agreement).
  10. You and we acknowledge and agree that the relevant Operator, and that Operator’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

Our Liability

  1. We expressly disclaim and do not accept liability for death or personal injury caused by our negligence, or for our fraudulent misrepresentation or for any and all other reasons.
  2. In all cases other than in respect of products or services that we provide to a specific consumer for a fee (which shall be governed by its own contractual terms), to the extent permitted by law:
    1. our maximum liability (whether in contract, tort, negligence, misrepresentation, restitution or under any legal head of liability) in relation to your use or inability in use or delay in use of the App, or any material on it or accessible from it, or from any action or decision taken as a result of using the App or any such material, shall be $1; and
    2. we shall not have any liability (whether in contract, tort, negligence, misrepresentation, restitution or under any legal head of liability) in relation to any material on the App or in relation to your use or inability to use or delay in use of the App or any material in it or accessible from it or from any action or decision taken as a result of using the App or any such material, in relation to any of the foregoing, for any: (i) indirect or consequential losses, damages, costs or expenses; (ii) loss of actual or anticipated profits; (iii) loss of contracts; (iv) loss of use of money; (v) loss of anticipated savings; (vi) loss of revenue; (vii) loss of goodwill; (viii) loss of reputation; (ix) loss of business; (x) loss of operation time; (xi) loss of opportunity; or (xii) loss of, damage to or corruption of, data; whether or not such losses were reasonably foreseeable or we had been advised of the possibility of you incurring such losses. For the avoidance of doubt, (xiii) to (xiv) apply whether such losses are direct, indirect, consequential or otherwise.
  3. We expressly disclaim and do not accept liability of any kind for the purchase, use or consumption of any products, machines, equipment, supplies or ingredients displayed or noted in the App.
  4. If anyone or any institution sponsors, recommends, endorses or refers to the App, we expressly disclaim and do not accept liability or responsibility for any and all of their products, services or representations.

Trademarks

  1. The “Delicion” name and logos and all related names, design marks, slogans, photographs, drawings, audios and videos are the trademarks or service marks of us or our licensors.

Intellectual Property Rights

  1. We are the owner or the licensee of all intellectual property rights in the App, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
  2. You may print one copy, and may download extracts, of any page(s) from the App for your personal, non-commercial, household reference. You may draw the attention of others to material available on the App; however, you may not share the purchase or information in the App with any other person, organization or entity.
  3. You must not modify the paper or digital copies of any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
  4. You must not use any part of the materials on the App for commercial purposes without obtaining an express license to do so from us and our licensors. You agree to be liable for all lost revenue, all liabilities incurred as a result of your violation of this agreement, and all our legal costs for enforcement and collection efforts associated with our enforcement of this agreement.
  5. If you print, copy or download any part of the App in breach of these Terms of Use, your right to use the App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You agree to be liable to us for any and all lost revenues due to your violating these Terms of Use.

Information About You & Your Visits to the App

  1. We process information about you in accordance with our Privacy Policy, which is available on our website, Delicion.net. By using the App, you consent to such processing and you warrant that all data provided by you is accurate.

Third Party Websites

  1. We have no control over and accept no responsibility for the content of any website or mobile application to which a link from the App exists (unless we are the provider of those linked websites or mobile applications). Such linked websites and mobile applications are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them. We do not provide any endorsement or recommendation of any third party website or mobile application to which the App provides a link. The terms and conditions, terms of use and privacy policies of those third party websites and mobile applications will apply to your use of those websites and mobile applications and any orders you make for goods and services via such websites and mobile applications. If you have any queries, concerns or complaints about such third party websites or mobile applications (including, but not limited to, queries, concerns of complaints relating to products, orders for products, faulty products and refunds) you must direct them to the operator of that third party website or mobile application.
  2. You must not without our permission:
    1. use or copy any material from the App, including but not limited to, onto other websites or in other mobile applications; or
    2. frame any of the App onto your own or another person’s website or mobile application.

Severability

  1. If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws or any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.

Non-assignment

  1. You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person (including, for example, any entity, organization, network, list and website).

Exclusion

  1. Except as expressly stated in these Terms of Use, all warranties and conditions, whether express or implied by statute, common law or otherwise are hereby excluded to the extent permitted by law.

No Third Party Rights

  1. A person who is not a party to the contract between us and you has no rights under the Contracts (Rights of Third Parties) Act 1999 in respect to these Terms of Use.

Jurisdiction

  1. These Terms of Use and your use of the App (and all non-contractual relationships arising out of or connected to it) shall be governed by and construed in accordance with laws of the State of South Dakota. You submit to the exclusive jurisdiction of the South Dakota courts to settle any dispute or claim which may arise under, or in respect of, these Terms of Use or your use of the App, except where, by law, such dispute or claim must be brought in the jurisdiction in which you are domiciled, or where the relevant law contains mandatory provisions that override such exclusive jurisdiction.