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 redeeming miles for Delta partner subscriptions. The Delta website Terms of Use and Delta's Privacy Policy are incorporated by reference into this User Agreement. By using the Site, you agree to abide by this User Agreement. Delta reserves the right to modify it at any time without notice, 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.
The Site is an English language forum, and use of the Site is governed by U.S. law, as provided in this User Agreement.
Subscriptions, offers, and products provided by unaffiliated entities do not constitute or imply any endorsement of, sponsorship with, or affiliation between Delta and any such entity. Delta is not responsible for goods or services offered by any such third-party providers.
All SkyMiles program rules apply. To review the rules, please visit Membership Guide & Program Rules. Violation of this User Agreement may be deemed a breach of the SkyMiles Program and Program Rules.
The information on the site is controlled and managed by our vendor, Benji, and may not follow Delta Air Lines accessibility guidelines or privacy policies.
General Terms and Conditions
Eligibility
To redeem miles for Delta partner subscriptions, you must be a Delta SkyMiles member who resides in the 50 United States and the District of Columbia. To enroll in the SkyMiles program, visit delta.com/enroll. Only one user per SkyMiles account is authorized.
Use of the site is limited to participants age 18 and older, and of majority age in their state of primary residence. Minors are not eligible to use the Site, and we ask that they do not submit any personal information to us.
Individual subscriptions or other products may include further age restrictions based on their individual terms- see specific listing terms and conditions for any additional restrictions before selecting to redeem any such products.
Delta may immediately and permanently suspend from all partner subscription purchases any user who has repeatedly transacted with insufficient miles in his/her account, who has otherwise violated this User Agreement, or is in violation of the SkyMiles Membership Guide & Program Rules, in each case in Delta’s sole judgment and discretion.
Delta reserves the right to disqualify any participant who tampers with or abuses any aspect of the Site or any auction or who fails to comply with any of these terms and conditions. Fraudulent activity will result in immediate and permanent suspension of partner subscription transactions and is considered a general violation of the SkyMiles Membership Guide & Program Rules.
By using the Site and redeeming miles through the Site, you warrant and represent that all information provided in your profile is accurate, true, current and complete. Delta and its agents may terminate your account if any of the information provided is found to be inaccurate, false, out of date, or incomplete.
By registering for this Site, you allow Delta to send you periodic emails highlighting new product offerings. Delta will handle all personal information in accordance with Delta's Privacy Policy.
Redeeming Miles For Subscriptions
The only accepted method of payment for Delta partner subscriptions is miles issued through the Delta SkyMiles program.
Once a purchase is made, it cannot be withdrawn. All Delta partner subscription purchases are final, and no mileage refunds will be made.
Delta reserves the right to make changes, corrections or improvements to each Delta partner subscription offering, and the description of each item, at any time without notice.
Delta may at any time amend, modify or supplement any terms and conditions applicable to the Site or any partner subscription offering, and your continued participation will constitute your acceptance of any such amendment, modification, or supplementation.
You may only purchase Delta partner subscriptions if you have a sufficient number of miles in your SkyMiles account to cover all products in your cart. Additional miles may be purchased through Delta’s Buy Miles program but please note that miles purchased are subject to all rules and restrictions of the Buy Miles program and miles purchased will not be available in your account immediately. Please reference delta.com for complete terms and latest rules and conditions of the Buy Miles program.
Delta and its affiliates are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, computer or technical failure, or incorrect or inaccurate listing information howsoever caused or other error of any kind whether human, mechanical or electronic. All redemptions are final regardless of technical difficulties posed by any technical error, whether human, mechanical or electronic.
Fulfillment
If you successfully complete your transaction for a an eligible third-party subscription, you will be redirected to a confirmation screen with your subscription access code and steps to activate it on the partner website. You will receive a notification of your purchase confirmation with sets to activate your subscription via email. The applicable number of miles will be deducted automatically from your SkyMiles account.
If expressly permitted under the applicable subscription terms, you may “gift” a Delta partner subscription to a family member or friend. If gifting is permitted, you will need to select the “gift” option on the checkout page and include the email address for the recipient. Gifting for eligible subscriptions is limited to two total gifts per partner subscription per customer. Recipients must meet the minimum age requirements in connection with the applicable subscriptions, as well as all other terms of use,. In cases where an auction package is gifted, miles will still be deducted from the purchasing SkyMiles Member’s account and cannot be transferred or adjusted. Delta is not responsible for improper transfers, incorrect email addresses for gifted recipients, or other errors, and no refunds will be issued.
All Delta partner subscriptions made available through this Site are being sold "AS IS" without warranties of any kind, express, implied or statutory, unless expressly stated in the item description.
In order to redeem the applicable third-party subscription, you may need to provide (or authorize Delta to provide) your contact information (full name, email address, phone number, and mailing address) to the applicable third-party provider to enable the activation of such subscription. In that instance, such provider will handle your personal information in accordance with their own applicable privacy policy.
Availability of all items made available through this Site are subject to change, and if any item becomes unavailable for any reason after the redemption has been elected, Delta reserves the right, at its discretion, to substitute a substantially similar item or refund either whole or partial mileage amount submitted by the SkyMiles Member.
Relationship
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.
General Release
To the maximum extent permitted by law, you hereby release and agree to hold harmless and indemnify Delta, and their respective subsidiaries, affiliated entities, employees, directors, officers, attorneys, agents, joint venturers, licensees and assigns and each of their respective designees ("Released 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 Delta partner subscription purchase, (iii) your use or receipt of any item obtained through use of the Site (iv) your violation of this User Agreement or Delta's website Terms of Use, and (v) your violation of any law or the rights of a third party.
Failure by a Released Entity 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
The Released Entities do 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. The Released Entities cannot and do not guarantee continuous or secure access to the Site, and operation of the Site may be interfered with by numerous factors outside of their 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 RELEASED 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 RELEASED ENTITIES NOR ANYONE INVOLVED IN CREATING, PRODUCING OR DELIVERING DELTA PARTNER SUBSCRIPTIONS, 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, REDEMPTION OF MILES, USE OF OR PARTICIPATION IN ANY PARTNER SUBSCRIPTION, OR THE INABILITY TO USE THE SITE, OR CLAIM PARTNER SUBSCRIPTIONS.
Termination
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.
Enforcement and Site Abuse
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.
User Information
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.
Your Account
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.
General Practices Regarding Use & Storage
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.
Access and Interference
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:
Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.
Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.
Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Take any action that may undermine the feedback or ratings systems (such as displaying, importing, or exporting feedback information off of the Site or using it for purposes unrelated to the Site).
Transfer your Site account (including feedback) and username to another party without our consent.
Harvest or otherwise collect information about users, including email addresses, without their consent.
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site.
Use of Site by Employees of Delta & Subsidiaries
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.
Governing Law and Venue
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.
Miscellaneous
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, SkyMiles and the Delta logo are registered service marks of Delta Air Lines, Inc.
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