Delurk

Terms & Conditions

Last Updated: January 23, 2025

1. Acceptance of Terms

By downloading, installing, or using the Delurk mobile application (the "App"), you agree to be bound by these Terms and Conditions and End User License Agreement (collectively, the "Agreement"). If you do not agree to these terms, do not use the App.

2. License Grant

2.1. Subject to your compliance with this Agreement, Horda Inc. grants you a limited, non-exclusive, non-transferable, revocable license to:

  • Download, install, and use the App on your personal mobile device
  • Access and view user-generated content
  • Create and share content through the App in accordance with this Agreement

2.2. You may NOT:

  • Copy, modify, or create derivative works of the App
  • Reverse engineer, decompile, or disassemble the App
  • Remove or alter any copyright, trademark, or other proprietary notices
  • Transfer, sublicense, lease, lend, rent, or otherwise distribute the App to third parties
  • Make the App available over a network where it could be used by multiple devices simultaneously

3. User Content

3.1 Content Definition

"User Content" means any text, images, videos, audio, or other material that users submit, upload, publish, or display through the App.

3.2 Content Rights

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the App.

3.3 Content Restrictions

You agree not to submit User Content that:

  • Violates any applicable laws or regulations
  • Infringes upon intellectual property rights of others
  • Contains malicious code, viruses, or harmful components
  • Promotes hate speech, discrimination, or violence
  • Is sexually explicit, pornographic, or contains nudity
  • Engages in or promotes child sexual abuse material (CSAM) or exploitation of minors
  • Is deceptive, fraudulent, or misleading
  • Harasses, bullies, intimidates, or threatens others
  • Impersonates any person or entity
  • Contains private or confidential information of others without their consent
  • Promotes illegal drugs, controlled substances, or dangerous activities
  • Contains excessive violence, gore, or graphic content
  • Attempts to manipulate the App's features or rankings
  • Promotes unauthorized commercial activities or spam
  • Contains false or unverified health or medical claims
  • Includes instructions for creating weapons or explosives
  • Promotes terrorist organizations or extremist ideologies

4. Intellectual Property Rights

4.1. The App, including all content, features, and functionality, is owned by Horda Inc. and is protected by intellectual property laws.

4.2. Our trademarks and trade dress may not be used without our prior written permission.

5. Privacy and Data Collection

5.1. Our collection and use of your personal information is governed by our Privacy Policy.

5.2. You consent to the collection, use, and sharing of your information as described in our Privacy Policy.

6. Liability

6.1 Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

6.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIMS SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE APP IN THE PAST 12 MONTHS OR $100 USD.

6.3 User Content Liability

We do not control, verify, or endorse User Content. You acknowledge that you use the App and access User Content at your own risk, and that we are not responsible for the accuracy, completeness, appropriateness, or legality of User Content.

6.4 Third-Party Services and Integration

The App may contain links to or integrate with third-party services. We do not control or endorse any third-party services, and are not responsible for their content, functionality, privacy practices, or security. Your use of third-party services is governed by their respective terms.

7. Indemnification

You agree to indemnify, defend, and hold harmless Horda Inc., its officers, directors, employees, agents, and licensors from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from your violation of this Agreement, your User Content, your use of the App, or your violation of any rights of another.

8. Termination

8.1 Termination by Us

We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason including violation of this Agreement, suspected illegal or abusive activity, extended inactivity, or at our sole discretion.

8.2 Termination by You

You may terminate this Agreement by ceasing all use of the App, deleting the App from your device, or deleting your account.

8.3 Effect of Termination

Upon termination, your license to use the App terminates. Sections regarding Liability, Indemnification, and Intellectual Property Rights survive termination.

9. Changes to Agreement

We reserve the right to modify this Agreement at any time. We will notify users of material changes through the App or via email. Your continued use of the App after such modifications constitutes acceptance of the updated Agreement.

10. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States. Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts located within the State of Delaware.

11. Severability

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

12. Contact Information

For questions about this Agreement, please contact us by email: hello@delurk.app

13. Entire Agreement

This Agreement constitutes the entire agreement between you and us regarding the App and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.