Introduction

Sailing Duck Ltd. (“Sailing Duck” or “We”) provides to you www.SailingDuck.com (the “Sailing Duck Site”) for your personal informational, educational and entertainment use. Please feel free to browse, download from, and otherwise use the Sailing Duck Site. By accessing and using the Sailing Duck Site, you accept and agree to the following terms of use “Terms of Use”) without limitation or qualification. If you do not agree with these Terms of Use, please do not use the Sailing Duck Site.

Content

Right to Use Site Content

• Changes to the Sailing Duck Site and Terms of Use
• Intellectual Property
• Copyright Complaints
• Interactive Forums and Groups and Submissions and Feedback
• Retailers and Retailer Offers
• Sweepstakes
• Third Party Content and Links to Other Web Sites
• Privacy Policy
• Indemnification
• Disclaimer of Warranties
• Disclaimer of Damages and Limitation of Liability
• Inapplicability of Terms of Use to any Sailing Duck Payment Cardholder Agreements
• Miscellaneous
• 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.

SAILING DUCK RETAINS THE RIGHT TO DENY ACCESS TO THIS SITE TO ANYONE WITHOUT NOTICE AT ITS COMPLETE DISCRETION FOR ANY REASON, INCLUDING FOR VIOLATION OF ANY OF THESE TERMS OF USE, INCLUDING ANY USE RIGHTS.

Changes to the Sailing Duck Site and Terms of Use

Sailing Duck reserves the right to change or modify Content, materials or information appearing on or in connection with this Site, including these Terms of Use, at any time without notice to you. Sailing Duck may at any time revise these Terms of Use by updating this posting. You are bound by such revisions and should therefore visit these pages to review the current Terms of Use from time to time.

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.

Copyright Complaints

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 hello@sailingduck.com

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.

Sweepstakes

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

The Sailing Duck Site may contain third party content and links to other web sites that are completely independent of this Site. Third-party content and links are included solely for the convenience of users and do not constitute any approval, endorsement or warranty by Sailing Duck. Moreover, Sailing Duck are not responsible for the accuracy, completeness, or reliability of third-party information, or the products or services offered or sold through any linked webs site and you assume sole responsibility for the use of third-party information. Any agreements, transactions, or other arrangements made between you and such third party are made solely at your own risk. When you click on a third-party link, you will leave the Sailing Duck Site. Any personal information you submit on the resulting site will not be collected or controlled by Sailing Duck but will be subject to the privacy notice or terms of use of the resulting site. Please review the privacy policy and terms of use of the resulting site for more information on its privacy practices.

Privacy Policy

Sailing Duck recognizes the importance of respecting the privacy of those who visit and choose to take advantage of the programs and information offered on our web sites. The Sailing Duck Global Privacy Policy (linked below) provides an overview of what you can expect when you enroll in one of our programs or simply browse the Sailing Duck Site. Different or program specific policies may be applicable to our location-specific or program-specific pages. Please see the link at the bottom of any page for the applicable version of our policy.

Indemnification

You agree to indemnify, defend and hold Sailing Duck and its business partners, staff and affiliates harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees and expenses, related to either your violation of these Terms of Use or your misuse of the Site. You will indemnify and hold Sailing Duck harmless from and against any claim, suit or proceeding brought against Sailing Duck arising from or in connection with violations of copyright or other intellectual property or other rights of third parties contained in your User Submissions and/or any other violation of law or breach of contract obligations relating to the User Submissions.

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.

Inapplicability of Terms of Use to any Sailing Duck Payment Card Cardholder Agreement

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.

Miscellaneous

These Terms of Use shall be construed, interpreted and performed exclusively according to the laws of the Republic of Cyprus without giving effect to any principles of conflicts of law. You expressly agree that any action at law or in equity arising out of or directly or indirectly relating to these Terms of Use or this Site shall be filed only in the courts of the Republic of Cyprus. You hereby consent and submit to personal jurisdiction of such courts for the purposes of any action related to the Sailing Duck Site, your access or use thereof, or these Terms of Use, and to extra-territorial service of process.

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.

These Terms of Use may not be assigned by you. Sailing Duck may assign its rights and obligations set forth in these Terms of Use at any time. Should any part or provision of these Terms of Use be held unlawful, void, invalid or unenforceable, that portion shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Except as provided herein, these Terms of Use constitute the entire agreement between you and Sailing Duck pertaining to their subject matter. Certain provisions of these Terms of Use may be superseded or added to by designated legal notices or terms located on particular pages, applications, tools or other materials that you may access within this Site. Sailing Duck’s failure to enforce any provision of these Terms of Use or any additional terms shall not be deemed a waiver of such provisions nor of its right to enforce such provision. These Terms of Use and any related documents may be accepted in electronic form (e.g., by an electronic or other means of demonstrating assent) and your acceptance will be deemed binding between you and Sailing Duck. You hereby agree, without limitation, that you not will contest the validity or enforceability of these Terms of Use and any related documents.

Customer Service and Contact Information

hello@sailingduck.com