Terms of Use

These terms of use (“Terms of Use”) constitute a binding agreement between this website, BlueDuckDigital.com and you. This website, BlueDuckDigital.com requires consideration for and as a condition of allowing you access.

 

Duly note: reading and accepting the Terms of Use and reading and accepting the provisions of the Privacy Statement of BlueDuckDigital.com are required considerations for this website granting you the privilege to visit, surf, read or interact with it. All persons, groups and entities are denied access to this website, BlueDuckDigital.com unless they read and accept our terms of use and our privacy statement.

 

By visiting, viewing, reading or otherwise interacting with this website, BlueDuckDigital.com or with any banner, pop-up, survey, contact form or advertising that appears on this website, you are agreeing to ALL of the provisions of this Terms of Use and the Privacy Statement of the website.

 

Under Age Visitors Are Denied Access To This Website

Duly note: ALL persons under the age of 18 are DENIED access to this website. If you are under the age of 18, it is unlawful for you to visit, read or interact with this website or its contents in any manner. 

 

BlueDuckDigital.com specifically denies access to any individual that is covered by (COPA) The Child Online Privacy Act of 1998.

 

Right To Deny Access To Any Person

Furthermore, the BlueDuckDigital.com reserves the right to deny access to any person, surfer, viewer or group for any reason under the terms of the Privacy Statement, which you accept as a condition for viewing. This website is allowed to collect and store data and information for the purpose of exclusion and for many other uses.

 

Changes in Terms of Use and Privacy Statement

Be advised: the Terms of Use agreement and Privacy Statement may change from time to time. Visitors have an affirmative duty, as part of the consideration for permission to view this website, to keep themselves abreast of said changes.

 

Parties to the Terms of Use Agreement

Readers, surfers, viewers, visitors, users, subscribers, members, affiliates, or customers, collectively referred to herein as “Visitors,” are parties to this agreement. The website BlueDuckDigital.com and its owners and/or operators are parties to this agreement, herein referred to as “Website.”

 

Use of Information From This Website

Unless you have entered into an express written contract with this website to the contrary, readers, surfers, viewers, visitors, users, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. 

 

 By viewing the contents of this website, you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, no visitor has any right(s) whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property this website may contain, for any reason for any use whatsoever. That means nothing! By violating this binding agreement, Visitor agrees to liquidated damages in the amount of U.S. $150,000 in addition to costs, legal fees and actual damages for breach of this provision. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that said viewing constitutes acceptance.

 

What This Website Strictly Prohibits

Referencing this website, framing, co-branding and hyperlinking to this website is strictly prohibited.

 

Unless expressly authorized by website, no one may hyperlink this site, or porions thereof to theirs for any reason. That includes, but is not limited to, any and all copyrighted material, scripts, logos, trademarks, pictures, banners, pop-ups and headers. Furthermore, you are not allowed to reference the website address (commonly known as the URL) of this website in any commercial or non-commercial media without the website’s express written permission. Under no circumstances or situations are you allowed to ‘frame’ this website. You explicitly agree to cooperate with the Website and immediately terminate and/or de-activate any such activities and be liable for all damages. You hereby agree to liquidated damages of US $150,000.00 plus costs, legal fees and actual damages for violating this provision.

 

Ownership of Website Content

The website and all of its contents (published materials and articles) are solely owned and/or licensed by the website. Material contained on the website must be presumed to be copyrighted and proprietary and subject to copyright and trademark laws. Visitors have no rights whatsoever in the site content articles, scripts, forms, pictures, logos and trademarks. Use of website content for any reason is unlawful unless it is done with express written permission of the website.

 

Right To Use Website Content

This website and its contents, which includes but is not limited to, articles, text, graphics, logos, video, illustrations, photographs and sound bytes, and other material (all such content collectively referred to as “Content”) are protected under United States and international copyright laws and are the property of BlueDuckDigital.com. All rights reserved. All logos, page headers, page footers, custom graphics, banners and button icons displayed on this website are service marks, trademarks, and/or trade dress (collectively, “Marks”) of BlueDuckDigital.com.

 

Except as explicitly permitted herein, transmitting, displaying, copying, distributing, modifying, selling or participating in the sale of, or otherwise exploiting or using any content or any marks in any form or by any means without the express written permission of BlueDuckDigital.com is prohibited and may violate the copyright or trademark laws of the United States.

 

How You May Use Our Website Content

This website and its contents are intended solely for personal, noncommercial use by the users of our website. You may download or copy the Contents displayed on the Site for the sole purpose of using this website as a personal resource, provided that you maintain any and all notices contained in the content, such as all copyright notices, trademark legends or other proprietary rights and/or notices. Absolutely no rights, titles or interests in any downloaded material is transferred to you as a result of any such downloading or copying.

 

Links To Other Websites by BlueDuckDigital.com

From time to time this website may contain links to other websites not operated or owned by this website. BlueDuckDigital.com does not operate or control any information, products or services on said linked websites, and neither endorses or approves any products or information offered at said linked websites. You acknowledge and agree that your access or use of any these linked websites is at your own risk.

 

Submissions

As a condition of viewing and interacting with this website, ALL Visitors agree, that any communication between Visitor and Website *(including but not limited to filling out any contact form, signing Guestbook, sending an e-mail, cookies, submitting articles and notes and opinions) is deemed a submission. All said submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind. Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit. “Submissions” is also a provision of the Privacy Statement.

 

Non-Responsibility Clause

The website assumes absolutely no responsibility for damage to computers, servers, software or networks of the visitor or any person the visitor subsequently communicates with from corrupting code, viruses, worms, Trojans, malicious scripts or data that is inadvertently passed to the visitor’s computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his or her own risk.

 

Duly note: visitors download information from this website at their own risk. This website makes no warranty that downloads are free of malicious or corruptive computer codes, including, but not limited to, viruses and worms.

 

Limitation of Liability

By viewing, using, reading, downloading, clicking on a link, filling out a form or interacting in any manner with this website, including but not limited to use of banners, advertising, or pop-ups, downloads, and as a condition of the website to allow his or her lawful viewing. Each and every visitor of BlueDuckDigital.com forever waives any and all rights to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature. If you disagree with this website’s limitation of liability, you are hereby immediately denied any and all access to BlueDuckDigital.com forthright.

 

Indemnification

Visitor agrees that in the event he or she causes damage, in which the Website is required to pay for, the Visitor, as a condition of viewing and/or interacting with the Website, promises to reimburse the Website for all associated costs and fees.

 

Right To Waive Notice

Be advised: no additional notice(s) of any kind for any reason is due Visitor. The Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website. If you disagree with this notice you are hereby denied access to BlueDuckDigital.com.

 

In The Event of Disputes or Claims

As part of the consideration that the Website requires for viewing, using or interacting with this website, Visitor agrees to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in tort, contract, or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.

 

Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available at www.adr.org. In the event of any hearing(s), said hearing(s) will take place in the city or county of the Seller.

 

In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.

 

The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.

 

Jurisdiction and Venue

If any matter concerning any website purchases (items, products or services purchased via the Internet through BlueDuckDigital.com ) shall be brought before a court of law, pre or post arbitration, Viewer, visitor, member, subscriber or customer agrees to this stipulation; the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless expressedly otherwise specified herein by the website. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Seller’s address.

 

Applicable Law

Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the state of the Seller.