Duckback Acquisition Corporation (Duckback) Web
Site Terms of Use
These Terms of Use were last updated on December 30, 2007
PLEASE READ THESE TERMS CAREFULLY. By using
the Duckback web site (Web Site) at superdeck.com or www.superdeck.com or by
otherwise accessing any content found on this Web Site, you are deemed to have
entered into an agreement with the Duckback and to have agreed to be bound by
the terms set out below. If you violate any of the Terms your permission to use
this Web Site automatically terminates. The Web Site is owned and operated by
the Duckback.
1. Definitions
2. Changes to these Terms
3. Use of Duckback content and intellectual property protection
4. User postings
5. Use policies
6. Linking to the Web Site
7. Links to third-party sites
8. Submissions
9. Claims of copyright infringement
10. Indemnification
11. Disclaimer of Warranties
12. Limitation of Liability
13. Privacy Notice
14. Miscellaneous
1. Definitions. As used in these Terms:
• "Web Site" means the superdeck.com (www.superdeck.com) Web site.
• "We," "Our," "Us" and "Duckback"
refer to our company, Duckback Acquisition Corporation, aka Duckback Products.
2. Changes to these Terms. WE MAY AMEND
THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE BY POSTING THE AMENDED TERMS ON
THE WEB SITE. USE OF THE WEB SITE FOLLOWING ANY SUCH CHANGE CONSTITUTES YOUR
AGREEMENT TO FOLLOW AND BE BOUND BY THE TERMS AS CHANGED. For this reason, you
should review these Terms whenever you use the Web Site. If you do not agree to
be bound by changes to the Terms, you should not use the Web Site any further
after the changes in question are published. These Terms were last revised on
December 30, 2007.
3. Use of Duckback content and intellectual
property protection.
3.1. Material on the Web Site, including but
not limited to text, software, code, graphics, images, data, audio and video
(collectively, the "Materials"), is owned by Duckback or third-party
licensors. Duckback and/or third-party licensors retain all proprietary rights
to the Materials, including all intellectual property rights associated
therewith (e.g., copyrights, patents, trademarks, trade secrets and know-how -
Contact customerservice@superdeck.com for specific trademark information on the
emblem or other proprietary details). Unless otherwise indicated on the Web
Site, except for downloading one copy of the Materials for your personal,
noncommercial use and/or printing copies of the Materials for such use, you may
not sell, modify, reproduce, display, publicly perform, prepare derivative works
based upon, distribute or otherwise use the Materials in any way without first
obtaining the express written permission of Duckback. Requests for permission
for uses not authorized by these Terms may be sent to:
Duckback Products
Attn: Marketing
P.O. Box 980 Chico, CA 95927
Or emailed to customerservice@superdeck.com
3.2. You must retain all copyright,
trademark and other proprietary notices contained in the original Materials on
any copy you make of these Materials. You may not frame or utilize framing
techniques to enclose all or any portion of the Web Site. You may not use any
meta tags or any other similar hidden text utilizing the Duckback's name or
trademarks.
3.3. If you violate any of this Section 3,
your permission to use the Materials and the Web Site automatically terminates
and legal action may be implemented to recuperate losses expressed or implied.
4. User Postings.
4.4. As a user of the Web Site, you are
responsible for your own communications and are responsible for the consequences
of any of your postings in the public areas of the Web Site. By submitting any
material for posting on the Web Site, you automatically grant (or, if you are
not the owner, you warrant that the owner of such material has expressly
granted) Duckback a royalty-free, perpetual, irrevocable, nonexclusive and
fully sub-licensable right to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform, display and
otherwise use and exploit such material (in whole or in part) worldwide and/or
to incorporate it in other work in any form, media or technology now known or
later developed whether a profit is realized or otherwise.
4.5. We do not represent or guarantee the
accuracy, completeness or reliability of any material posted by users of the
Web Site nor do we endorse any opinions expressed by any users. You may rely on
material posted by other users only at your own risk. We are not obligated to
screen or monitor materials posted on this Web site and you may not assume that
posted materials are reviewed, authorized and/or acknowledged as accurate.
4.6. We may for any reason edit, refuse to
post or remove without notice any materials posted by users. However, we have
no obligation to edit, refuse to post or remove any material, including
material that you may find objectionable or offensive or that violates these
Terms. If you become aware of any material that violates these Terms, you may
email such information to us at customerservice@superdeck.com. However, we do
not guarantee that any action will be taken as a result of your contact. We
reserve the right to expel any user and to prevent further access to the Web
Site for any reason, including violation of these Terms or applicable law, or
for no reason at all. However, we have no obligation to expel any user or to
prevent further access to the Web Site.
4.7. Any Duckback affiliated organization,
company and/or employee may submit an advertisement, subject to the terms and
conditions of this Duckback web site for inclusion. Commercial advertising by
for-profit organizations as well as advertising personal business products or
services is prohibited unless a contractual agreement is signed by both
parties. No solicitation is allowed. Duckback does not check or verify information
submitted; inclusion does not imply endorsement. Duckback and/or its divisions
make no representation regarding the validity of neither information submitted
nor the quality of items listed. Duckback shall not be liable, expressly or
implied, for misinformation, typographical errors or misprints in the ads,
misrepresentation of items, or damages experienced by anyone using this site or
the information contained within. Duckback reserves the right to delete,
without notice, any advertisement considered inappropriate by Duckback.
5. Use Policies. You may not do any of the
following while using the Web Site:
• Interfere with or disrupt networks
connected to the Web Site or violate the regulations, policies or procedures of
such networks; • Attempt to gain unauthorized access to the
Web Site, computer systems or networks connected to the Web Site, through
password mining or any other means; • Interfere with another user's use and/or
enjoyment of the Web Site; • Upload any message, information, data,
text, software, graphic files or other materials ("Content") that is
unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory,
vulgar, obscene, libelous, that may be invasive of another's privacy, hateful,
racially, ethnically or otherwise objectionable; • Upload content that contains a virus,
corrupted file, or other harmful component; • Impersonate any person or entity,
including, but not limited to, Duckback personnel, or falsely state or
otherwise misrepresent any affiliation with any person or entity, or upload any
Content under a fictitious name; • Upload any Content that you do not have a
right to upload under law or under contractual or fiduciary relationships
(including but not limited to nondisclosure agreements); • Upload any information or grant
permissions to view information to any person in a manner that exceeds your
contractual or other legal authority; • Upload any unsolicited advertising,
promotional materials, junk mail, spam, chain letters, pyramid schemes,
contests, surveys, or any other form of solicitation (commercial or
non-commercial); • Intentionally or unintentionally violate
or encourage or assist another to violate any law or regulation in connection
with your use or another's use of the Web Site; or • Upload any Content that violates or
infringes any patent, trademark, trade secret, copyright or any right, of
whatever nature, of anyone.
6. Linking to the Web Site.
You may provide a link on your site to the Duckback Web Site subject to the
following requirements:
• You may not frame or alter the appearance
or visual presentation of the Web Site. • You may not state or imply that we
endorse, sponsor or otherwise approve your site or any other sites, unless
authorization is expressly provided in writing by an officer of Duckback. Links
to the Web Site may not be used in a way that implies or suggests that we
approve or endorse you, your Web site or your goods and services, unless
authorization is expressly provided in writing by an officer of Duckback. • Links may be text-based using the words:
"Superdeck", or "Mason's Select", or "Duckback" or "superdeck.com"
or graphics supplied and certified by Duckback's Marketing Department and only
upon review and written approval for the use by an officer of Duckback. • You may not use the Duckback, Superdeck
and/or Mason's Select logo on any site that disparages us or any of our
affiliates, or presents false information about us or any of our affiliates. • You may not use the Duckback, Superdeck
and/or Mason's Select logo as a predominant feature of your site. At a minimum,
this means that the Duckback, Superdeck, and/or Mason's Select logo must appear
smaller than your Web page title and any of your marks or logos, they may not
be displayed more prominently than other marks or logos on your page, and they
should not appear at the top of the page, but rather at the bottom, along the
sides or in some location less prominent than the top. • You may not use the Duckback, Superdeck
and/or Mason's Select logo in any manner that would adversely affect the name,
reputation or goodwill of Duckback, or use the Duckback, Superdeck and/or
Mason's Select logo on any site that contains any content that is unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, libelous, that may be invasive of another's privacy, hateful,
racially, ethnically or otherwise objectionable. • You may not use the Duckback, Superdeck
and/or Mason's Select logo on any site that violates or infringes any patent,
trademark, trade secret, copyright or any right, of whatever nature, of anyone,
or that violates or encourages or assists another to violate any law or
regulation. • We will have no responsibility or
liability for any content appearing on your Web site. You agree to defend,
indemnify and hold harmless the Duckback and its affiliates and their officers,
directors, employees and agents, from and against any and all third-party
claims, liability, actions, demands, costs or expenses (including, but not
limited to, reasonable legal and accounting fees) arising from or relating to
your Web site. We reserve the right to defend any such claim, and you agree to
provide us with such reasonable cooperation as we may request. • By linking, you acknowledge and agree
that, other than as specifically set forth in these Terms, all rights to the Duckback,
Superdeck and/or Mason's Select logo and other Duckback marks and logos belong
to the Duckback. In addition, you acknowledge the validity of the Duckback's
ownership to the Duckback, Superdeck and/or Mason's Select logo and other Duckback
marks and logos and will not contest such ownership or the validity of any
registrations of Duckback relating to such marks and logos. You agree that use
of the Duckback, Superdeck and/or Mason's Select logo shall inure to the
benefit of the Duckback. If you happen to obtain any rights or goodwill in the Duckback,
Superdeck and/or Mason's Select logo, you agree that all such rights and
goodwill will automatically vest in the Duckback and you will take all actions
necessary to establish such vesting. • You are prohibited from using the Duckback
marks or logos or any names, marks or other materials in a manner that is
likely to cause confusion with, dilute or damage the reputation or image of Duckback.
• We reserve the right at any time and in
our sole discretion to request that you remove all links or any particular link
to the Web Site from your site.
Subject to these Terms and your compliance with the above requirements, Duckback
agrees to grant you, upon receipt of expressed written permission, a limited,
non-exclusive, non-transferable, royalty-free license to use the Duckback,
Superdeck and/or Mason's Select logo solely for the purpose of establishing any
link that is permitted hereunder. Except for the limited license to use the Duckback,
Superdeck, and/or Mason's Select logo set forth in this paragraph, you may not
use any of the Duckback logo, trademarks or service marks for any other reason
without the express written permission of the Duckback. Duckback may, at any
time, in its sole discretion, without cause, terminate the license granted
herein to use the Duckback, Superdeck, and/or Mason's Select logo and your
right to link to any pages on the Web Site. Upon our request, you agree to immediately
remove all links to the Web Site and to cease using the Duckback, Superdeck,
and/or Mason's Select logo. Without limiting the foregoing, if you violate any
of this Section 6, your license to use the Duckback, Superdeck and/or Mason's
Select logo and your right to link to any pages on the Web Site automatically
terminates. Thereafter, any future links to the Web Site will require the
express written permission of the Duckback.
7. Links to Third-Party Sites. The Web Site
contains links to third-party Web sites. These links are provided solely for
your convenience. They are not an endorsement by us of the contents of such
third-party Web sites. We are not responsible for the content or practices of
linked third-party sites. We do not make any representations or warranties
about the content or accuracy of materials on such third-party Web sites or the
practices of such sites. If you decide to access linked third-party Web sites,
you do so at your own risk. You are encouraged to review the terms of use,
privacy policy, and other policies of any linked site, as the policies of the
linked site may differ from those of this Web Site.
8. Submissions. We welcome comments
regarding our service. However, any comments, feedback, notes, messages, ideas,
suggestions or other communications (collectively, "Comments")
submitted to us will be our exclusive property. Submission of any such Comments
constitutes an assignment to Duckback of all worldwide right, title and
interest in all copyrights and other intellectual property rights in the
Comments, and you represent and warrant that you have the right to make such an
assignment and that such Comments do not violate or infringe any rights of
anyone. Duckback will be entitled to use, reproduce, disclose, publish and distribute
any Comments for any purpose whatsoever, without restriction and without
compensating you in any way. For this reason, we ask that you do not send us
any Comments that you do not desire to assign to Duckback, including any
confidential information or any original creative materials such as stories,
product ideas, computer code or original artwork.
9. Claims of Copyright Infringement. If you
believe that your work has been copied in a way that constitutes copyright
infringement, please contact the Duckback Marketing Department at customerservice@superdeck.com.
10. Indemnification. You agree to defend,
indemnify and hold harmless Kwal Paint and its affiliates and their officers,
directors, employees and agents, from and against any and all third-party
claims, liability, actions, demands, costs or expenses (including, but not
limited to, reasonable legal and accounting fees), expressed or implied arising
from or relating to your use of the Web Site or the Materials, material that
you post to the Web Site or otherwise provide to Duckback, or your breach or
violation of these Terms. Duckback reserves the right to defend any such claim,
and you agree to provide Duckback with such reasonable cooperation as it may
request.
11. Disclaimer of Warranties.
11.1. THE WEB SITE, THE MATERIALS AND THE
LICENSED MARKS ARE PROVIDED ON AN AS-IS, AS-AVAILABLE BASIS WITHOUT ANY
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMITTED BY LAW, DUCKBACK, ITS AFFILIATES AND ITS SUPPLIERS DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF
MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
11.2. You understand and agree that: (a) we
are not responsible for the timeliness, mis-delivery, deletion or failure to
store any information uploaded (or attempted to be uploaded) by you or any
other user; (b) we make no warranty as to the accuracy or completeness of the
information and services provided or obtained through the Web Site or the results
of your use of the Web Site; (c) it is your responsibility to evaluate the
accuracy, completeness and usefulness of all information obtained or provided
through the Web Site; (d) we may, in our sole discretion, modify, add or
discontinue any aspect, content or feature of the Web Site; and (e) the
information on the Web Site may contain typographical errors or inaccuracies
and may not be complete or current and, therefore, we reserve the right to
correct any errors, inaccuracies or omissions and to change or update
information at any time without prior notice.
11.3. You understand and agree that use of
the Web Site and the Materials is at your sole risk, that any materials
downloaded or otherwise obtained through the use of the Web Site is at your own
discretion and risk and that you will be solely responsible for any damage to
your computer system or loss of data that results from the download of such
materials. We make no warranty or representation as to the security of any
information you transmit to us.
12. Limitation of Liability. IN NO EVENT
SHALL DUCKBACK, ITS AFFILIATES OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY DAMAGES FOR LOSS OF
PROFITS, USE, DATA, GOODWILL OR OTHER INTANGIBLES) ARISING FROM OR IN ANY WAY
CONNECTED WITH THESE TERMS, THE USE OF (OR THE INABILITY TO USE) THE WEB SITE
OR THE MATERIALS, THE KWAL PAINT LOGO, OR ANY INFORMATION, GOODS OR SERVICES
OBTAINED ON OR FROM THE WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT
(INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT KWAL PAINT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Privacy Notice. Be sure to check our Privacy
Policy to understand our practices. The Privacy Policy is subject to these
Terms and is incorporated by reference herein.
14. Miscellaneous.
14.1. The Web Site is based in the United States.
Access to the Materials may not be legal by certain persons or in certain
countries. If you access the Web Site from outside the United States,
you do so at your own risk and are responsible for compliance with the laws
within your jurisdiction.
14.2. These Terms will be governed by the
internal laws of the State of California,
without regard to its choice of law provisions. You agree that any action
arising out of or relating to these Terms may be brought only in a court of
competent jurisdiction in Butte County,
California, and you hereby
consent to the jurisdiction, venue and convenience of such courts.
14.3. Headings in these Terms are for
convenience only and shall not be used to interpret or construe its provisions.
14.4. If any provision of these Terms is
found to be invalid, void or unenforceable by any court having competent
jurisdiction, the remainder of these Terms shall remain in full force and
effect.
14.5. Any waiver of any provision of these
Terms will be effective only if it is in writing signed by an officer of Duckback.
No waiver of any term of these Terms shall be deemed a further or continuing
waiver of such term or any other term.
14.6. Notices to Duckback, other than as
provided herein, can be sent to:
