Right to Use Site Content
- Intellectual Property
- Copyright Complaints
- Interactive Forums and Groups and Submissions and Feedback
- Retailers and Retailer Offers
- Third Party Content and Links to Other Web Sites
- Disclaimer of Warranties
- Disclaimer of Damages and Limitation of Liability
- Customer Service and Contact information
Right to Use Site Content
We are granting you a limited, nonexclusive, revocable license for you to view, share, print or download any Content, as defined below, from the Sailing Duck Site for your own personal use. You are not granted the right to license, republish, distribute, copy, assign, sublicense, transfer, sell, prepare of derivative works or other non-personal use any Content on the Sailing Duck Site. No part of any Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use. You may not access or use the Sailing Duck Site in any way that could or is intended to damage or impair the Sailing Duck Site, or any server or network underlying the Sailing Duck Site, or interfere with anyone else’s use and enjoyment of the Site. You are also granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site or its any Content therein so long as the link does not portray Sailing Duck, or its products or services in a false, misleading, derogatory, or otherwise offensive matter or imply a sponsorship or endorsement of your site, page or content by Sailing Duck.
You may not use automated systems (e.g., robots, spiders, etc.) to access the Site. You agree not to collect personally identifiable information of other users of the Site or to sell or otherwise exploit that information.
Except for the limited rights expressly granted herein, all right, title and interest in and to the Sailing Duck Site and all Content contained therein are reserved and owned by Sailing Duck.
Intellectual Property Rights
The Sailing Duck Site Content is protected by applicable intellectual property laws and all Content is owned by Sailing Duck or used by Sailing Duck under a licence or with permission. All text, formatting (including without limitation the selection, coordination and arrangement of materials on the Sailing Duck Site, and the images, graphics, animation, tools, widgets, applications, commercials, videos, music, sounds, articles, copy, creative materials, photos, trademarks, service marks, trade names, and logos, and other materials and information on this Site are subject to the intellectual property rights of Sailing Duck, its subsidiaries and affiliates, and their respective licensors and licensees (collectively “Content”). These materials may not be copied, reverse engineered, decompiled, disassembled, modified, reposted to other web sites, framed, deep linked to, changed, or otherwise distributed, redistributed, licensed, sublicensed or transferred in any form by you. Nothing contained on the Sailing Duck Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to make commercial use of any Sailing Duck trademark, intellectual property right or copyrighted material without Sailing Duck’s prior written permission. The trademarks, logos, trade names and service marks, whether registered or unregistered (collectively the “Trademarks”) displayed on the Sailing Duck Site are Trademarks of Sailing Duck and its third party alliance partners. Nothing contained on the Sailing Duck Site should be construed as granting by implication or otherwise, any license or right to use any Trademark displayed on the Sailing Duck Site without the written permission of Sailing Duck or such third party that may own the Trademark. Any unauthorized commercial use of these materials will violate Sailing Duck’s intellectual property rights and will be subject to Sailing Duck’s full legal rights and remedies.
In operating the Site, Sailing Duck may act as a “service provider” and offer services as online provider of materials and links to third party web sites. As a result, third party materials that Sailing Duck does not own or control may be transmitted, stored, accessed or otherwise made available using the Site. Sailing Duck has in place certain procedures regarding allegations of copyright infringement occurring on the Site and has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Sailing Duck or of a third party, or that has otherwise violated any intellectual property laws or regulations, or this Agreement. If you believe any material available through the Site infringes a copyright, you should notify Sailing Duck. Sailing Duck will respond expeditiously to remove or disable access to the material claimed to be infringing and will attempt to resolve the claim between the notifying party and the alleged infringer who provided the Content. You should address infringement notices to: Sailing Duck firstname.lastname@example.org
Please provide the following notice:
- Identify the copyrighted work or other intellectual property that you claim has been infringed;
- Identify the material on the Site that you claim is infringing, with enough detail so that Sailing Duck may locate it on the Site;
- A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature
Interactive Forums and Groups and Feedback
User Submissions and Conduct
As a user of the Site you may submit your comments, which may consist of textual content and potentially photos, videos, images audio files, other types of content and links to such content if allowed by the Site (collectively referred to as “User Submissions”). You will be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: the User Submission is your original work and that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Sailing Duck to use any and all User Submissions in any and all media now known or hereinafter invented without territorial or time limitations and without compensation, and have all necessary consents to collect, use and disclose any personally identifiable information, images or likeness contained or displayed in any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and this Agreement. You agree that you will not submit as part of any User Submission any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant Sailing Duck all of the license rights granted herein. Furthermore, you warrant and represent that you will disclose the existence of any patent registrations or pending applications held by you which relate in any way to your User Submission.
You acknowledge and agree that no confidential relationship or obligation of secrecy or confidentiality is established between you and Sailing Duck regarding the User Submission, despite any statement or legend to the contrary on the User Submission and any related materials
Ownership And Use of User Submissions
By making a User Submission, you understand that you are granting Sailing Duck a worldwide, perpetual, royalty-free, fully-paid, irrevocable, sublicensable, transferrable, non-exclusive license in and to the User Submission (including under copyright, patent, and trademark law), including the right to edit, change, and create derivative works, and any concepts or ideas contained in the User Submission, including the documents, artwork, statements, drawings, outlines, proofs, displays, photographs, footage, outtakes, musical scores, audio and video footage, discs, whether in print or electronic form, produced or created by you as part of the User Submission. The license you are granting to Sailing Duck includes the right of Sailing Duck and its designees to reproduce the User Submission, prepare other works using the User Submission, combine your User Submission with other works, and alter, translate, distribute copies, display, perform, license and apply for copyright registration of the transformed User Submission in the name of Sailing Duck throughout the world in perpetuity in any media that now exists or may exist in the future. For example, the above grant permits Sailing Duck and its designees to use only certain portions of your User Submission, rerecord or modify any audio tracks or visual images you provide, rewrite the User Submission, and/or incorporate other materials, either created by Sailing Duck or licensed from others, with your Submission. If we create other works using the User Submission, those works will be owned by us and may be used in accordance with these guidelines, and shall not be subject to your approval.
By making a User Submission, you are waiving and agreeing not to assert any copyrights or “moral” rights or claim resulting from our alteration of the Submission or any photograph(s), footage, illustrations, statements or other work contained in the Submission. You are also agreeing to appoint Sailing Duck as your irrevocable attorney-in-fact with respect to the User Submission, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that Sailing Duck can use the User Submission that you are licensing in any way Sailing Duck sees fit to own and protect the rights in any derivative works created from your User Submission, and to have the User Submission removed from any other website or forum.
Upon request of Sailing Duck, you shall execute and deliver such additional instrument of license, as may be solely deemed by Sailing Duck, reasonably necessary to establish Sailing Duck’s ability to use the User Submission as it sees fit and that “Moral Rights of Authors” are waived under these Terms and Conditions. Should Sailing Duck fail to request the said license instrument as stated, that shall not be deemed a waiver of Sailing Duck’s rights and Sailing Duck may at a later time request the instrument.
Submissions or Feedback
From time to time, we may ask that you for your feedback on Sailing Duck’s Site and products and/or services. Any communication or material you transmit or post will be (a) treated as non-confidential and non-proprietary by Sailing Duck, (b) become the property of Sailing Duck and Sailing Duck shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by Sailing Duck licensees and affiliates at its sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner, now known or later developed, on this Site or otherwise. Sailing Duck shall be under no obligation to respond to any such communication. Notwithstanding the foregoing, Sailing Duck maintains a policy of not accepting or considering any creative ideas, suggestions or materials from the public regarding its products and services (“Submissions”), and therefore, you should not make any Submissions to Sailing Duck in any communications through this Site or otherwise. Nonetheless, if you do send us a Submission, despite our request not to do so, then such Submission shall immediately become the property of Sailing Duck and Sailing Duck shall exclusively now and hereinafter own all rights, title and interest therein. Furthermore, Sailing Duck shall be free to use any Submissions for any purpose whatsoever, including, but not limited to, developing and marketing products and services. Sailing Duck shall not be liable for such use or disclosure of such Submission or for any similarities in the Submission and any future Sailing Duck products and services.
Retailer and Retailers Offers
Retailers may provide to Sailing Duck certain discounts, rebates or other benefits (e.g. free shipping) on the purchases of goods and services (“Offers”) that will be available on the Sailing Duck Site. Such Offers are subject to certain terms and conditions and may change at any time without notice to you. Sailing Duck will not be liable for any loss or damage incurred as a result of any interaction between you and a retailer with respect to such Offers. Except as set forth herein, all matters, including but not limited to delivery of goods and services, returns, and warranties are solely and strictly between you and the applicable retailers. You acknowledge that Sailing Duck and does not endorse or warrant the retailers that are accessible through the Sailing Duck Site nor the Offers that they provide.
From time to time, We make you aware of certain Sailing Duck related sweepstakes or other promotions. All such sweepstakes and promotions are subject to the Official Rules for such sweepstakes and promotions and all related applicable laws, regulations and statutes.
Third Party Content and Links to Other Web Sites
Disclaimer of Warranties
While Sailing Duck will use reasonable efforts to ensure that all material on this Site is correct; however, accuracy cannot be guaranteed and Sailing Duck does not assume any responsibility or liability for the accuracy, completeness or authenticity of any information contained in this Site.
THE SAILING DUCK SITE AND ALL CONTENT CONTAINED HEREIN ARE PROVIDED TO YOU “AS IS,” AND “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, TITLE/NONINFRINGEMENT, QUALITY OF INFORMATION, OR FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION OBTAINED BY YOU FROM SAILING DUCK THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITATION, SAILING DUCK DISCLAIMS ALL WARRANTIES REGARDING THE AVAILABILITY OF THE SITE, THAT THE SAILING DUCK SITE WILL OPERATE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SAILING DUCK SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS AT YOUR OWN RISK, ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY DATA LOSS THAT MAY RESULT FROM YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, DAMAGE RESULTING FROM COMPUTER VIRUSES. NOTHING IN THESE TERMS EXCLUDES OR LIMITS SAILING DUCK’S LIABILITY (I) FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, (II) FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR (III) FOR ANY MATTER WHICH IT WOULD BE ILLEGAL FOR SAILING DUCK TO EXCLUDE OR ATTEMPT TO EXCLUDE ITS LIABILITY.
Disclaimer of Damages and Limitation of Liability
IN NO EVENT SHALL SAILING DUCK OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, LOSS OF USE, LOSS OF BUSINESS, ECONOMIC LOSS, LOSS OF DATA OR LOSS OF PROFITS, WITHOUT REGARD TO THE FORM OF ACTION (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS OF THE SAILING DUCK SITE OR ITS CONTENT, EVEN IF SAILING DUCK OR ITS BUSINESS PARTNERS, EMPLOYEES, REPRESENTATIVES OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL SAILING DUCK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR ONE HUNDRED Euro (Euro 100) (WHICHEVER IS LESS), FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY SAILING DUCK SITE. NOTHING IN THESE TERMS EXCLUDES OR LIMITS SAILING DUCK’S LIABILITY (I) FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, (II) FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR (III) FOR ANY MATTER WHICH IT WOULD BE ILLEGAL FOR SAILING DUCK TO EXCLUDE OR ATTEMPT TO EXCLUDE ITS LIABILITY.
Sailing Duck is not a financial institution and does not issue credit, debit, check or payment cards of any type of nature. Any and all questions or issues regarding your Sailing Duck-branded payment card or cardholder account should be directed to the bank or financial institution that issued your card, and not to Sailing Duck.
The Sailing Duck Site is operated by Sailing Duck and affiliates.
Content and software from the Sailing Duck Site may be subject to the Republic of Cyprus export jurisdiction and the import jurisdiction of other locations. In connection with your use of this Site, you are solely responsible for complying with all applicable export, re-export, and import control laws and regulations of all applicable jurisdictions. You may not, directly or indirectly, use, distribute, transfer or transmit content or software from this Site, whether by way of a direct product or of such materials or products, software, or other technical information into which content or software from this Site has been incorporated, except in compliance with all applicable export and import laws and regulations of all relevant jurisdictions.
Customer Service and Contact Information