TERMS OF USE
Effective Date: Insert Date
Welcome to the ReachTV microsite (the “Site”), operated by Travel Content, LLC (“ReachTV” or “we” or “us”) in collaboration with Delta Air Lines, Inc. (“Delta”).
The Site provides Delta customers (“Users” or “you”) access to curated licensed content, including live and on-demand NFL games and related services (collectively, the “Services”).
By accessing, browsing, or using the Site, you expressly agree to comply with and be bound by these Terms of Use (“Terms”) and all applicable laws and regulations.
If you disagree with these Terms, you must immediately discontinue use of the Site.
These Terms are legally binding and include important provisions affecting your rights, remedies, and obligations.
These include limitations of liability, disclaimers, and a binding arbitration agreement.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE.
SCOPE AND ACCEPTANCE OF TERMS
1.1 Applicability: These Terms govern your access to and use of this Site, including any Content (as defined below), features, or functionality provided on or through the Site and associated inflight entertainment services.
1.2 Legal Capacity: This Site is intended for use by Delta customers who are at least 18 years of age or the age of majority in their jurisdiction, whichever is greater. If you are under the age of 18 or the applicable age of majority, you may use this Site only with the involvement and supervision of a parent or legal guardian who agrees to be bound by these Terms. By accessing or using the Site, you warrant and represent that you (i) meet the age of majority required in your jurisdiction, and (ii) have the legal authority and capacity to enter into and comply with these Terms.
1.3 Third-Party Operators and Licenses: ReachTV may provide services in partnership with third parties, including Delta and the NFL. These third parties may impose additional terms, conditions, and policies that govern your access to certain portions of the Site. Compliance with all such third-party terms is your sole responsibility.
1.4 Changes to Terms: ReachTV reserves the right to modify, update, or replace these Terms at its sole discretion. ReachTV will notify you of any material changes either through the Site or other reasonable means. Your continued use of the Site following such changes constitutes your acceptance of the updated Terms.
ELIGIBILITY AND AUTHORIZED ACCESS
2.1 Restricted Access: The Site is available only to authenticated Delta customers who access the Site through authorized methods, such as through the Delta app, Delta Wi-Fi network, or other Delta-approved authentication processes. Unauthorized access or circumvention is prohibited.
2.2 Prohibition on Commercial Use: The Site is provided solely for your personal, non-commercial use while flying on Delta-operated aircraft during flights where such services are available. Any unauthorized use, including for commercial purposes, is strictly prohibited and may result in suspension or termination of your access.
2.3 Accountability for Activities: You assume full accountability for all activity undertaken through your access to the Site. You must take reasonable steps to protect your personal login credentials and device security during use.
CONTENT AND ACCEPTABLE USE POLICY
3.1 Content Provided: The Site provides licensed entertainment content, such as live and recorded NFL games, on-demand programming, and multimedia (collectively, the “Content”), curated and made available by ReachTV under agreements with content providers. The Content is provided to Delta customers as part of the collaboration between ReachTV and Delta.
3.2 Content Restrictions: You acknowledge and agree that:
- The Content may be subject to additional terms and conditions imposed by the content providers, including the NFL;
- Access to certain Content may be restricted based on your geographic location, Delta customer status, or other factors;
- ReachTV reserves the right to modify, suspend, or discontinue any aspect of the Content at any time without notice;
- The availability of live content, such as NFL games, is subject to scheduling by the content providers and may be subject to blackout restrictions in certain geographic areas.
3.3 License to View: Subject to your compliance with these Terms, ReachTV grants you a limited, non-exclusive, non-transferable, revocable license to access and view the Content solely for your personal, non-commercial use.
3.4 License Restrictions: The Content is provided to you for personal viewing only. You are prohibited from:
- Downloading, recording, or capturing the Content by any means, including screenshots, screen recording software, or similar technologies.
- Redistributing, transmitting, or publicly performing the Content.
- Altering, removing, or masking copyright information, licensing terms, or any proprietary notices displayed on the Site or with the Content.
3.5 Prohibited Conduct: You agree to use the Site and its Content only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Site in any way that violates any applicable federal, state, local, or international law or regulation;
- Use the Site to transmit or send unsolicited commercial communications;
- Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site;
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site;
- Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose;
- Use any device, software, or routine that interferes with the proper working of the Site;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack;
- Record, capture, download, or stream any Content from the Site using any recording or capturing software or device;
- Circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections on the Site;
- Otherwise attempt to interfere with the proper working of the Site.
3.6 Violations and Enforcement: ReachTV reserves the right to monitor usage, enforce acceptable use policies, and terminate access for violations of these Terms or applicable laws.
INTELLECTUAL PROPERTY RIGHTS
4.1 Ownership: All content included on this Site, including but not limited to text, graphics, logos, images, audio clips, video content, digital downloads, data compilations, software, and the compilation thereof is the property of ReachTV, Delta, the National Football League ("NFL"), or their respective content suppliers and licensors, and is protected by United States and international copyright laws. The trademarks, service marks, logos, and trade names displayed on the Site (collectively, the "Marks") are the registered and unregistered trademarks of ReachTV, Delta, the NFL, and their respective affiliates or third parties.Neither the Content nor the Marks may be copied, imitated, or used, in whole or in part, without the prior written permission of ReachTV, Delta, the NFL, or the applicable trademark holder. You may not reproduce, duplicate, copy, sell, resell, or otherwise exploit any portion of the Site, use of the Site, or access to the Site without the express written permission of ReachTV.
4.2 No Transfer or Licensing of Rights: Your use of the Site does not grant you ownership or licensing rights to any intellectual property on the Site or Content, except as explicitly permitted under these Terms. All rights not expressly granted hereunder are reserved.
4.3 Feedback and Submissions: Any feedback, suggestions, or ideas you submit to ReachTV concerning the Site or Services will become the exclusive property of ReachTV, and you hereby irrevocably assign all rights to such submissions. ReachTV may use such feedback for any purpose without compensation or acknowledgment.
USER ACCOUNTS
5.1 Account Creation: To access certain features of the Site or the Content, you may be required to create an account or log in using your Delta App. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You acknowledge that by accessing the Site through your Delta App certain information may be shared between ReachTV and Delta in accordance with the Privacy Policy. Your use of your Delta App is also subject to Delta's terms and conditions.
5.2 Account Security: You are responsible for maintaining the confidentiality of your account credentials and for restricting access to your device. You agree to accept responsibility for all activities that occur under your account or password. ReachTV and Delta reserve the right to refuse service, terminate accounts, remove or edit content, or cancel access at their sole discretion.
PRIVACY AND DATA COLLECTION
5.1 Privacy Policy: Personal data collected via the Site is governed by ReachTV’s Privacy Policy, available at Insert Link, and Delta’s applicable privacy policies, available at Insert Link. You should read these policies carefully before using the Site.
5.2 Consent to Data Use: By using the Site, you consent to ReachTV’s and Delta’s collection, use, processing, and transfer of data for lawful purposes, including but not limited to service enhancement, analytics, and compliance with applicable laws. ReachTV and Delta reserve the right to use any information submitted through the Site in accordance with their respective Privacy Policies.
5.3 Cookies and Tracking Technologies: ReachTV may use cookies, tracking pixels, and similar technologies to enhance user experience and track performance. By using the Site, you agree to such tracking as described in the Privacy Policy.
DISCLAIMERS AND LIMITATION OF LIABILITY
6.1 DISCLAIMER:THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. REACHTV, DELTA, AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.REACHTV, DELTA, AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. REACHTV, DELTA, AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
6.2 Limitation of Liability:TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REACHTV, DELTA, OR, THEIR AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT SHALL THE TOTAL LIABILITY OF REACHTV, OR DELTA, AND THEIR AFFILIATES EXCEED ONE HUNDRED ($100) US DOLLARS, REGARDLESS OF THE FORM OF ACTION.THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless ReachTV, Delta, the NFL, their respective affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your use of the Site's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.
COMPLIANCE WITH LAWS
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your access to the Content. ReachTV reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.
GOVERNING LAW AND DISPUTE RESOLUTION
7.1 Governing Law: These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the courts located within New York County, New York for the resolution of any disputes arising out of or relating to these Terms or your use of the Site.
7.2 Class Action Waiver: All disputes must be pursued on an individual basis. You waive the right to participate in any class or collective action.
TERMINATION
ReachTV and Delta may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Site. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
COPYRIGHTS AND COPYRIGHT AGENT
If you believe that any Content on the Site violates your copyright, please send a notice of copyright infringement to our designated Copyright Agent with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached as follows: By Mail: ReachTV, LLC, Attn: Copyright Agent, 806 S. Douglas Rd, Suite 300, Miami, FL 33134 By Email: legal.notices@reachtv.com
MISCELLANEOUS
No Waiver: The failure of ReachTV or Delta to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ReachTV or Delta, as applicable.
Third-Party Beneficiaries: You acknowledge and agree that the NFL and its affiliates are third-party beneficiaries of these Terms, with the right to enforce the provisions that directly concern the Content provided by the NFL.
Severability: If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
Relationship of the Parties: Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between you and ReachTV or Delta. Neither you nor ReachTV or Delta shall have authority to contract for or bind the other in any manner whatsoever.
Assignment: You may not assign or transfer these Terms without prior written approval.
Force Majeure: Neither ReachTV nor Delta shall be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of ReachTV or Delta, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices published by ReachTV or Delta on the Site, shall constitute the entire agreement between you and ReachTV and Delta concerning the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and ReachTV or Delta with respect to the Site.
Contact Information
For questions, concerns or to provide any notices regarding these Terms, please contact ReachTV at:
Reach TV 806 S. Douglas Rd, Suite 300, Miami, FL 33134 Email: legal.notices@reachtv.com