To view the Delta Air Lines Confidentiality and Non-Disclosure Agreement (“NDA”), copy and paste the following link into your browser: http://www.klcimages.com/DeltaImages/Delta_NDA.pdf

Acceptance of Agreement

By accessing the Delta Sky Panel and becoming a member of DeltaSkyPanel.com, you agree to all the Terms and Conditions of the community. The primary purpose for creation and participation in this community is to facilitate market research. However, neither KL Communications nor its client, Delta Air Lines, Inc. (“Delta”), endorses the information posted in the community or on the community website.

By joining the community, you acknowledge that you have read, understand and accept these Terms and Conditions. Except as expressly authorized in these Terms and Conditions, no personally identifiable information that you provide in connection with your participation in the community will be sold, traded or shared with any other persons or entities other than KL Communications and Delta. For information regarding Delta’s privacy policy with respect to personally identifiable information, please visit Privacy and Security | Delta Air Lines.

Membership Requirements

All users of the Delta Sky Panel must be 18 years of age or older; no one under the age of 18 may enter the community unless with authorize permission by a guardian. By accessing the community, you represent and warrant that you are at least 18 years of age, or have gotten permission by a guardian.

Code of Conduct; Prohibited Content

You also hereby expressly agree that you shall not upload, post, submit or transmit to, distribute or otherwise publish in the community or on the Delta Sky Panel any materials which (i) restrict or inhibit any other user from using the Delta Sky Panel, or contain a virus or other harmful component, (ii) violate any United States laws or violate or infringe any rights of third parties (including patent, copyright, trademark, trade secret rights, rights of privacy or publicity or any other proprietary right), or (iii) are not appropriate or pertinent to the purpose of the Delta Sky Panel or that are libelous, discriminatory, defamatory or otherwise offensive. You shall at all times respect and abide by the intellectual property rights, including but not limited to the patents, copyrights, trademarks and other intellectual property and proprietary rights of KL Communications and/or Delta.
In addition you shall not, at any time: (a) modify any content that appears on the Delta Sky Panel, including any user content; (b) copy, distribute, download, upload, display, post, or transmit any community content, including but not limited to any user content, to any venue other than the community and/or the Delta Sky Panel; (c) use the community or the Delta Sky Panel to solicit or advertise any commercial activity; (d) engage in any behavior that does not support a safe and comfortable environment for all community users, including but not limited to posting or transmitting any threatening, defamatory, sexually graphic, discriminatory, inflammatory, pornographic or profane material or any other material that violates the rights of a third party or that is any other manner deemed to be inappropriate in KL Communications and/or Delta’s sole discretion; (e) use, publish, post, or communicate any Prohibited Content (as defined below); and (f) take any action, either directly or indirectly, that imposes an unreasonable or disproportionately large load on the Delta Sky Panel or that otherwise interferes with the community.

Prohibited content includes, but is not limited to content that, in the sole discretion of KL Communications and/or Delta, that (collectively, “Prohibited Content”): (i) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) harasses or advocates harassment of another person; (iii) exploits adults or children in a sexual or violent manner; (iv) contains nudity, violence, or offensive subject matter or contains a link to an adult website; (v) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, discriminatory, defamatory or libelous; (vi) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming”; (vii) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to promoting terrorism, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (viii) violates any law, rule, regulation of statute, including any communications laws; (ix) solicits passwords or personal identifying information for commercial, criminal or unlawful purposes from other users; (x) involves commercial activities and/or sales or marketing activities not authorized and sponsored by KL Communications such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (xi) includes a photograph or other image of another person posted without that person's prior, written consent. KL Communications and Delta reserve the right to investigate and take appropriate action against anyone who, KL Communications’ and Delta’s sole discretion, violates these provisions, including without limitation. Such actions can include removing the offending content from the community and/or terminating the right of any offending user to participate in the community.
You agree that you shall facilitate the receipt of and shall not block weekly emails to inform you of new community offers and/or activities such as discussion topics and surveys that are available on the Delta Sky Panel.

KL Communications and Delta reserve the right to determine what behavior and/or materials violate these rules of conduct in their respective, sole discretion and to edit or remove all or any portion of any such offensive or inappropriate content from the community and/or the Delta Sky Panel in their sole discretion. Any user who violates these rules of conduct may be barred from further access to the community and the Delta Sky Panel in the sole discretion of KL Communications and/or Delta. Although KL Communications and/or Delta may monitor postings and transmissions to the community and the Delta Sky Panel, neither company is obligated to do so and neither company shall be liable for any such user content or any other content generated, permissibly or impermissibly, by any person or entity.

Confidentiality

In addition to the obligations under the NDA, your invitation to participate in the Delta Sky Panel is personal to you and may not be assigned or transferred to any other person or entity, whatsoever, in any manner, at any time. Your unique, user ID and password are personal to you and for your use only. You must keep your user ID and password confidential and may not disclose your user ID or password to or permit your user ID or password, directly or inadvertently, to be used by any other person or entity. You must immediately notify KL Communications or Delta if your user ID or password has been lost, stolen, or accessed by or used by another person or entity.

The Sky Panel community is a private, closed community created for the exclusive use of its authorized users, KL Communications, and Delta consistent with these Terms and Conditions. All content, activities and information within the community (including, but not limited to, screenshots of messages, ideas, concepts, in full or in part) that is submitted, posted, published, shared with, or uploaded to the community or the Delta Sky Panel may not be shared with any other person or entity. KL Communications and Delta reserve the right to terminate your access to the community immediately without prior notice if you violate these conditions of use.

Notification of Changes

These Terms and Conditions, may be modified, changed or otherwise altered by KL Communications and/or Delta, in their respective sole discretion, at any time without prior notice. Any changes to these Terms and Conditions will be posted on www.DeltaSkyPanel.com and will be effective immediately upon posting. Similarly, aspects of the Community (including gift cards, point values, and other rewards) may change at the discretion of the Community Host without prior notification. By continuing to access the community after any change in any Terms and Conditions has been posted on the Delta Sky Panel, you are deemed to have read, understood, and acknowledged the revised policies and to have agreed to continue to abide by the Terms and Conditions, as revised.

Assignment of Intellectual Property Rights to Delta and Waiver of Claims

By participating in the community and reaping the benefits of participation in the community offered by KL Communications and Delta, from time to time, you understand and agree that you irrevocably assign and transfer to Delta any and all right, title and interest in and to any and all content that you generate in the community, including but not limited to any ideas or expressions of ideas and any derivative thereof. All such user content, including but not limited to comments, suggestions, graphics, ideas (including but not limited to product, sales, marketing and/or advertising ideas) and any and all other information or materials you submit to, download or upload to or otherwise publish on the Delta Sky Panel shall at all times be and remain the exclusive property of Delta. This irrevocable assignment of rights includes any and all derivative rights and/or future rights associated with such user content, including the rights to derivative works, even if this community ceases to exist at any time and the Delta Sky Panel is removed permanently from the Internet.

By accessing the community, you also expressly disclaim and waive any and all proprietary and/or intellectual property rights in any such user content and you expressly acknowledge Delta’s unrestricted right to use such user content (or materials or ideas similar to them) in its sole discretion, in any manner Delta determines, in any medium, now and in the future, without notice, compensation or other obligation to you or any other person or entity. With the exception of your personally identifiable information, neither KL Communications nor Delta shall have any obligation to keep your user content confidential.

In consideration for access to the community, you further hereby irrevocably release and waive any and all rights, actions, proceedings, and/or claims you may have at any time, now and in the future, against KL Communications, Delta, and each of their respective equity owners, officers, directors, subsidiaries, employees, agents, affiliates, successors and assigns, with respect to any intellectual property or other proprietary rights, rights of privacy, publicity rights, rights of attribution, or any other rights that you may otherwise have with respect to such user content under the governing laws of the United States of America.

KL Communications and Delta grant you a limited license to access and use the community solely to participate on the terms and conditions described herein.

Privacy

As stated above, to the extent that you also provide any of your personally identifiable information to either KL Communications or Delta as a consequence of your participation in the community or access to the Delta Sky Panel, KL Communications and Delta will only use such information in accordance with this Privacy Policy, found at : Privacy and Security | Delta Air Lines. Please note that by accessing the community, any of your personally identifiable information you submit may be directed to a third party site administered and hosted by a third party vendor, that in such event, the third party vendor will have no right to use any such information except as necessary to fulfill its services to KL Communications and/or Delta.

Discretionary Membership

Your membership in and access to the community is strictly at the discretion of Delta, and may be revoked at any time without cause and without notice. You hereby release KL Communications, Delta, and each of their respective equity owners, officers, directors, subsidiaries, employees, agents, affiliates, successors and assigns from any and all liability, now and forever, that may arise at any time in connection with your use of the community.

Community Incentives

KL Communications and Delta will administer online in the community at the Delta Sky Panel website incentives on a periodic basis. These incentives may include (but not be limited to) Delta miles and gift card awards, which members can redeem by using points earned from surveys or other authorized participation activities on the Sky Panel website. Members must reach the stated points threshold to redeem for such prizes. At the end of each calendar year, the member must redeem points for the closest threshold available based on the number of points accrued to date; provided, that a failure to redeem by December 31 of the applicable calendar year will result in Delta auto converting such points to closest achieved threshold, and any remaining point amount shall be rolled onto the next calendar year.

Incentives are associated with community participation and do not constitute any endorsement or encouragement (implicit or explicit) by KL Communications to purchase any products and services of their client, Delta.

Warranty

KL Communications, and/or Delta endeavor to maintain the community, the Delta Sky Panel and its operation in good, working order but are not, and cannot be, responsible for the results of any bugs, viruses, deficiencies or other defects that may exist at any time in the Delta Sky Panel or its operation. KL Communications and Delta expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. KL Communications and Delta make no warranty whatsoever that (i) the operation of the community website will meet the user's requirements; (ii) access to the community website will be uninterrupted, timely, secure, free of viruses, worms or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the community website will be accurate or reliable; or (iv) defects will be corrected. The user assumes the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting the community and the Delta Sky Panel.

Limitation of Liability

Under no circumstances shall KL Communications or Delta, and each of their respective equity owners, officers, directors, subsidiaries, employees, agents, affiliates, successors and assigns, be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from access to and/or the use of, or the inability to access and/or use, the community and/or the Delta Sky Panel or any content or other materials therein, whether in an action arising under contract, negligence or other tort. Neither KL Communications nor Delta, nor any of their respective equity owners, officers, directors, subsidiaries, employees, agents, affiliates, successors and assigns shall be liable to you under any circumstances, even if KL Communications Delta, or any of their respective, authorized representative has been advised of the possibility of such claims or damages or such claims or damages are otherwise foreseeable. These include but are not limited to claims and/or damages or injury caused by error, omission, interruption, defect, and failure of performance, delay in operation or transmission, line failure or computer virus, worm, or other harmful component.

Indemnification

The user shall defend, indemnify and hold harmless KL Communications and/or Delta, and each of their respective equity owners, officers, directors, subsidiaries, employees, agents, affiliates, successors and assigns, from any claim or demand made by any third party against either of them due to or arising out of your participation in the community or access to and use of the community website and/or any breach by you of any of these Terms and Conditions.

Jurisdiction and Waiver of Right to Trial by Jury

These Terms and Conditions and any disputes arising under or related to these Terms and Conditions (whether for a claim of a breach of contract, tort, or otherwise) will be governed by the laws of the State of Georgia, without reference to its conflicts of law principles. You shall submit to jurisdiction in Georgia, any cause of action arising hereunder shall be brought in a court in Atlanta, Georgia and you hereby accept and submit to the personal jurisdiction of such courts with respect to any legal actions, suits or proceedings hereunder. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under or arising in connection with or relating to your participation in the Community and/or, use of the Community Website in any manner, and/or these Terms and Conditions.