General Usage of the Dancing Ducks Websites:
You agree that you will:
- not access, or attempt to access, restricted portions of any Dancing Ducks website by any means other than the interface provided by Dancing Ducks;
- use any Dancing Ducks website to threaten, harass, intimidate, stalk or otherwise abuse another user;
- not transmit, post, send, upload, distribute, submit or otherwise make available any materials or content that violate any law or that constitute false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparagement of Dancing Ducks), vulgar, obscene, or pornographic material or material that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by Dancing Ducks in its sole discretion);
- not transmit, post, send, upload, distribute, submit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade secret, publicity right, privacy right, copyright or any other intellectual property rights or any other rights of any third party;
- not interfere with or disrupt the use and enjoyment of the Dancing Ducks websites by Dancing Ducks or any third party;
- not transmit, post, send, upload, distribute, submit or otherwise make available any viruses, Trojan horses or other harmful, disruptive or destructive files or material that interfere with Dancing Ducks' or any third party's use and enjoyment of the Dancing Ducks websites and any other software, hardware and data;
- not impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the website or to Dancing Ducks, including, without limitation, forging any TCP/IP packet header or any part of the header information in any transmission to a Dancing Ducks website for any reason;
- not transmit, post, send, upload, distribute, submit or otherwise make available through the website any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas, if any, specifically designated for such purposes;
- not resell, frame, duplicate, reproduce or otherwise commercially exploit the Dancing Ducks websites without the prior written agreement of Dancing Ducks;
- not remove, obscure or alter any proprietary rights notices on any Dancing Ducks website or any material obtained from or through any Dancing Ducks website; and
- not violate any applicable local, state, federal or international law, rule or regulation.
You acknowledge and agree that Dancing Ducks is not responsible for the conduct of users in the interactive areas of Dancing Ducks' websites. Dancing Ducks specifically disclaims any responsibility or liability to any person or entity for any loss, liability, claims, suits, costs, expenses, damages (whether actual, consequential, punitive or otherwise), injury, or other cause of any kind based upon or resulting from any material or content posted in the interactive areas of Dancing Ducks' websites. You acknowledge and agree that you use of Dancing Ducks' web sites is at your own risk.
Likewise, Dancing Ducks does not and cannot review every message posted by users in the interactive areas of Dancing Ducks' websites, and Dancing Ducks is not responsible for the content of such messages or the views or opinions expressed by the author of any message. Dancing Ducks reserves the right, but is not obligated, to delete, move or edit content, in whole or in part, submitted by you to the website for any reason in Dancing Ducks' sole discretion. You understand that any content that you post and/or upload on the website will be considered a submission for purposes of these services. In addition, Dancing Ducks may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of Dancing Ducks or to protect the safety of our users or the public.
This website may contain or offer sweepstakes, contests or other promotions, which may be governed by separate rules that describe the sweepstakes, contest or promotion and may have specific eligibility requirements, such as age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor's requirements of you in connection with the applicable sweepstakes, contest or promotion.
Ownership of Content and License of Your Submissions and Postings:
If you submit any materials to the interactive portions of Dancing Ducks' websites or submit any materials to Dancing Ducks, you hereby irrevocably grant to Dancing Ducks a perpetual, worldwide, royalty-free right and license to make, use, reuse, modify, display, archive, publish, license, perform, reproduce, disclose, transmit, stream, broadcast, post, sell, offer for sale, license and sub-license through multiple layers, translate, create derivative works of, and / or distribute all such materials and portions of any materials that you submit to Dancing Ducks or post to Dancing Ducks' websites (including, without limitation, any ideas and concepts embodied therein) in any form, media, software or technology of any kind, whether now known or developed in the future, and for any purposes whatsoever including, without limitation, developing, manufacturing and marketing commercial products using and incorporating such information. Without limiting the foregoing, without remuneration of any kind, Dancing Ducks may use any material that you submit locally, nationally or globally and such use may be made in any media, information or communication platform (including internet advertising currently in use), whether now existing or later developed.
You hereby acknowledge and agree that your relationship with Dancing Ducks is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to Dancing Ducks or to post any such information on a Dancing Ducks website does not place Dancing Ducks in a position of trust or any position that is any different from the position held by members of the general public with regard to the material you submit or post. Further, by submitting any material to Dancing Ducks by way of the website, you also hereby release and discharge Dancing Ducks Entertainment, LLC, its affiliates and subsidiaries and their respective employees, agents, successors, licensees and assigns from any and all claims that you might have in connection with Dancing Ducks' use, publication, display, reproduction, distribution or exploitation of the submitted testimonial, including, but not limited to, any claims for defamation; violation of any moral or artist rights (even if such material is altered or changed in a manner not agreeable to you); and/or any right of privacy or publicity.
The content of this website is subject to change at any time without notice. By accessing or linking to this website, you assume the risk that the information on this website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.
The Dancing Ducks websites may contain links to third party web sites. Dancing Ducks is not responsible for, and you agree that Dancing Ducks will have no liability to you for, the availability, content or performance of any portion of the Internet including other websites to which a Dancing Ducks website may be linked or from which a Dancing Ducks website may be accessed. The appearance of any link on a Dancing Ducks website in no way constitutes an endorsement by Dancing Ducks of any third-party products or services.
Disclaimers/Limitations on Liability:
You understand and agree that the Dancing Ducks websites and all material contained or made available on them (including, without limitation, all user posts) are provided and made available solely "AS IS", "AS AVAILABLE", "WITH ALL FAULTS" and without warranties of any kind, either express or implied, including, without limitation, warranties of title or the implied warranties of merchantability, non-infringement or fitness for a particular purpose or those arising by statute or otherwise at law or from a course of dealing or usage of trade. Some jurisdictions do not permit the exclusion or limitation of implied warranties, so the above exclusion may not apply to you. You many have other rights which vary by jurisdiction. When the implied warranties are not allowed to be excluded in their entirety, you agree that they will be limited to the greatest extent and shortest duration permitted by law.
Dancing Ducks makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Dancing Ducks websites. Reference to any third-party product or service does not constitute or imply its endorsement or recommendation by Dancing Ducks. Views and opinions of users (including the weblogs of Dancing Ducks employees) of Dancing Ducks' websites do not necessarily state or reflect those of Dancing Ducks Entertainment, LLC.
The Internet is inherently insecure. Dancing Ducks expressly disclaims any and all liability, and you agree that Dancing Ducks will not be liable to you in any way arising from or related to any damage resulting to any computer or data from any security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, telecommunications failure or any other technical malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before e-mailing Dancing Ducks any information. Dancing Ducks makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of the Dancing Ducks websites. A Dancing Ducks website may be temporarily unavailable due to maintenance, malfunction of computer equipment or any other reason.
Contacting Dancing Ducks: