Terms of Service
These Terms of Service describe the terms and conditions under which you may use the TVDuck website ("Site"). These terms and conditions constitute a legally binding agreement ("Agreement") between TVDuck (and any successors of TVDuck and any entities controlled by TVDuck, collectively "TVDuck"), and you, the user of the Site (hereinafter "you," and collectively with other users of the Site, "User" or "Users"). If you use the Site as an employee of, on behalf of, or for the benefit of your employer or other entity, you represent to TVDuck that you have the power and authority to accept this Agreement on behalf of your employer or company. You and your company will be deemed Users under this Agreement. If you do not agree to this Agreement or if you do not have the power and authority to accept this Agreement on behalf of your company, you may not use this Site and TVDuck is unwilling to grant you access to the Site. TVDuck may revise this Agreement at any time by updating this Agreement on the Site. You agree that your continued use of the Site after such modifications constitutes your acceptance of the revisions to the Agreement. By accessing the Site you acknowledge that you have read and understood this Agreement. This Agreement was last revised on April 18, 2007.
Content on the Site. While using
the Site, you will have access to content posted by our users, including
links to websites that are not affiliated with TVDuck. In addition to
posts made by other Users, you may also post text, links, and other content
to the Site (collectively, "Posts"). By Posting
content you understand that you are making that content publicly available.
- Posts Under Creative Commons License. TVDuck accepts Posts made under the Creative Commons Attribution-Share Alike License, which is incorporated into this Agreement by reference. By Posting content to the Site you agree to the terms and conditions of the Creative Commons Attribution-Share Alike License and hereby grant to TVDuck and Site users rights to use, copy, modify and create derivative works of your Post as provided in the Creative Commons Attribution-Share Alike License. In addition to other rights and restrictions, the Creative Commons Attribution-Share Alike License permits others to copy, modify, and create derivative works of your Post, and provides that the distribution of your Post or modifications thereof may be used and distributed by others as long as such uses are attributed to the appropriate author or licensors, and are subject to the terms and conditions of the Creative Commons Attribution-Share Alike License. Please review the terms and conditions of the Creative Commons Attribution-Share Alike License before making a Post.
- Posting Limitations. You agree that you are responsible for your use of the Site and for any Posts you make. TVDuck provides a forum on which you may Post content. You agree not to submit a Post that (i) is unlawful, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, or give rise to civil liability; (ii) is a falsehood or misrepresentation that could damage TVDuck or any third party; (iii) is harmful to minors; (iv) makes or provides instructional information about illegal activities, such as making or buying illegal weapons or illegal substances; or iv) violates any third party's privacy or similar rights. TVDuck claims no ownership or control over any Post submitted, posted or displayed on the Site. TVDuck does not review, control or monitor content or posts placed by users and hereby disclaims any liability for the same.
- Intellectual Property Rights. You agree not to submit 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 the rightful owner to post such material to the Site and to disseminate such content under the Creative Commons Attribution-Share Alike License.
- User Opinions. Users may associate ratings, tags, comments or other opinions with Posts. Such comments may misrepresent your Posts or may be otherwise disparaging, defamatory, embarrassing, or unfavorable.
- Placement and Distribution of Posts. You agree that TVDuck shall have the right to include or otherwise associate advertising, promotional, and other content with your Posts.
- Access to Service. You must be at least 13 years of age to use the Site.
TVDuck Licenses and Restrictions.
- TVDuck Licenses. Subject to the terms and conditions of this Agreement and the Creative Commons Attribution-Share Alike License, TVDuck grants you a nonexclusive, nontransferable, revocable license to access the Site solely for your personal, non-commercial use.
- Marks. All TVDuck trademarks, names, service marks, logos and other marks of attribution displayed on the Site are the property of TVDuck. You may not use or display TVDuck marks without TVDuck’s written consent.
- Attribution. You may not remove or alter any marks of attribution or copyright notices associated with Posts or other content on the Site. Multiple Posts constitute a "Collection" within the meaning of the Creative Commons Attribution-Share Alike License. If you distribute a Collection of Posts available on TVDuck, you agree to attribute and credit TVDuck as the location of each Collection, and include the URL for each Collection. You may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by TVDuck of your work, product or service without written consent from TVDuck.
- Prohibited Activities. You may not use any portion of the Site for any unlawful purpose. You agree that you will not (i) copy, reproduce, distribute, or create derivative works of the Site, except to the extent you are permitted to copy, reproduce, adapt and distribute individual Posts under the Creative Commons Attribution-Share Alike License; (ii) collect or harvest any personally identifiable information from the Site, including but not limited to account names or email addresses, nor use the communication systems provided by TVDuck for any commercial solicitation purposes, such as disseminating Spam; (iii) introduce computer viruses into the Site; (iv) use any automated system, including without limitation, "robots," "hitbots," "spiders," "offline readers," scripting or any other form of automatic access to the Site or querying of the Site to copy any Post or otherwise access the Site in a manner that sends more request messages to the Site in a given period of time than a human can reasonably produce in the same period by using a convention web browser; (v) engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site; or (vi) engage in any activity that circumvents, disables or otherwise interferes with security related features of the Site. All rights not expressly granted in Sections 2.1 and 2.2 are hereby reserved.
- Your Posts. Subject to the terms and conditions of the Creative Commons Attribution-Share Alike License, you retain all of your ownership rights in your Posts and are responsible for protecting those rights.
- TVDuck Materials. TVDuck will own any TVDuck content or other materials, and any TVDuck marks and logos contained on the Site. Subject to your rights in the content of your Posts, TVDuck will own any improvements made to the Site, even is such improvements are based on your suggestions, feedback or activities.
- Restricted Areas of the Site. Certain functions of the Site may be restricted to authorized users or require you to provide personal information, and/or create a password-protected account. When creating your account, you must provide accurate and complete information. It is your responsibility to maintain the accuracy of any information provided to TVDuck. You are solely responsible for maintaining the confidentiality of your password and your account information, and agree to terminate your password or notify TVDuck if your password is lost, stolen, disclosed to an unauthorized third party, or otherwise compromised. You agree that you are responsible for all activities that occur under your account, including without limitation, any fees which may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities.
- Indemnification. You will defend, indemnify and hold harmless TVDuck, its directors, officers, employees, subsidiaries and affiliates ("TVDuck Affiliates") from and against all claims, liabilities, allegations, suits, actions, investigations, judgments, deficiencies, settlements, inquiries, demands, or other proceedings ("Claims") made or brought by any third party against any TVDuck Affiliate, including without limitation reasonable legal fees and expenses, in connection with (i) your breach of this Agreement; (ii) any Claim associated with your Posts; and (iii) your use of the Site or the use of the Site by any person using your screen name, account or password. TVDuck shall provide you with prompt notice of any Claim and an opportunity to defend the Claim, provided that TVDuck (A) may participate at your expense in any defense and settlement discussions; and (B) will have the right to approve any settlement agreement purporting to bind TVDuck. In addition, TVDuck may, at your expense, take full control of the defense of any Claim if TVDuck believes that you have not defended such Claim in a reasonable and diligent manner, and that such failure may result in adverse consequences for TVDuck.
- Termination; Content Removal and Retention. TVDuck reserves the right to refuse or terminate service to anyone at any time without notice for any reason. TVDuck’s termination of service and therefore this Agreement shall not be deemed an election of remedies, and all other remedies provided by this Agreement, or available at law or in equity shall survive termination. The provisions of Sections 1.2, 1.3, 1.4, 2.4, 3, 4, 5, 6, 7, 8, 10, 11 and 12 will survive termination of service and this Agreement. TVDuck reserves the right at all times to remove or refuse to distribute any content on the Site. You agree that TVDuck has no responsibility or liability for the deletion of, or the failure to store or to transmit any Posts. TVDuck also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce this Agreement, including investigation of potential violations; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to User support requests; or (v) protect the rights, property or safety of TVDuck, its Users and the public. TVDuck will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
- Third Party Interaction. This Site contains links to and otherwise references third party websites that are not affiliated with TVDuck. You may enter into correspondence with, purchase goods and/or services from, or participate in promotions on such unaffiliated websites. Unless otherwise stated in writing by TVDuck, any such correspondence, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. TVDuck does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of third party content or any Post. You acknowledge that any use, access to, or reliance on third party content, websites or Posts is at your own risk.
Copyrights and Copyright Agents.
TVDuck RESPECTS THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. TVDuck USERS CAN REMOVE UNAUTHORIZED CONTENT THAT BELONGS TO THAT USER BY SIMPLY REMOVING THAT CONTENT, OR THE LINK TO THAT CONTENT, USING THE EDIT OR REMOVE FEATURE. ALTERNATIVELY, YOU CAN PROVIDE TVDuck'S COPYRIGHT AGENT WITH SUBSTANTIALLY THE FOLLOWING INFORMATION:
- A Physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work that you claim has been infringed, or if there are multiple works, a representative list of the works. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a file infringes your copyrights.
- A description of the material that you claim is infringing and information sufficient to establish where it is located on the website, which information should include the complete URL associated with each file, image or video. To delete files from TVDuck's index, TVDuck requires an accurate means by which to identify potentially infringing files.
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
TVDuck RESERVES THE RIGHT TO REMOVE CONTENT IN ITS DISCRETION AND TERMINATE THE ACCOUNTS OF TVDuck USERS WHO REPEATEDLY INFRINGE, OR APPEAR TO INFRINGE, THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF THIRD PARTIES.
- DISCLAIMER OF WARRANTY. YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TVDuck MAKES THE SITE AVAILABLE WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUIET ENJOYMENT, NON-INFRINGEMENT, COURSE OF DEALING OR USAGE OF TRADE. TVDuck DOES NOT WARRANT THAT THE SITE WILL FUNCTION ERROR-FREE OR WITHOUT INTERRUPTION. TVDuck MAKES AVAILABLE THE SITE AND THE CONTENT ON THE SITE "AS IS" AND DOES NOT WARRANT (I) ANY MATERIAL AVAILABLE ON TVDuck OR PROVIDED TO TVDuck BY ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO USER POSTS; (II) THAT MATERIAL AVAILABLE ON THE SITE WILL NOT INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS OR RIGHTS OF PRIVACY; (III) THE TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL ON THE SITE; (IV) THAT TVDuck CAN PREVENT UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION PROVIDED TO TVDuck, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY. THE DISCLAIMERS IN THIS SECTION 10 WILL APPLY EVEN IF ANY WARRANTY PROVIDED UNDER THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. IF TVDuck CANNOT DISCLAIM A WARRANTY, THE DURATION AND SCOPE OF SUCH WARRANTY SHALL BE THE MINIMUM PERMISSIBLE UNDER APPLICABLE LAW.
Disclaimer of Liability.
- LIABILITY LIMIT. TVDuck, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR LIABILITIES SUFFERED AS A RESULT OF YOUR USE OF THE SITE OR YOUR DISPLAYING, COPYING, DOWNLOADING OR DISTRIBUTING ANY INFORMATION OR THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO USER POSTS.
- CONSEQUENTIAL DAMAGES. IN NO EVENT WILL TVDuck, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS INTERRUPTION OR LOST PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE, WHETHER SUCH LIABILITY ARISES FROM A CLAIM BASED UPON CONTRACT, TORT OR OTHERWISE, AND WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
- ADDITIONAL RIGHTS. THE LIMITATIONS IN THIS SECTION 11 WILL APPLY EVEN IF ANY LIMITATION ON LIABILITY PROVIDED UNDER THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTIAN LIABILITIES, SO SOME OF THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF TVDuck CANNOT DISCLAIM A LIABILITY, THE DURATION AND SCOPE OF SUCH LIABILITY SHALL BE THE MINIMUM PERMISSIBLE UNDER APPLICABLE LAW.
- Assignment. You may not assign this Agreement, in whole or in part, or your rights or obligations under this Agreement, without TVDuck’s prior written consent. Any attempt by you to assign this Agreement other than as permitted above will be null and void. TVDuck may assign its rights or obligations under this Agreement. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.
- Governing Law. Any action related to this Agreement will be governed by California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in San Francisco, California, for the resolution of all disputes arising from or related to this Agreement and/or your use of TVDuck Sites.
- Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect.
- Email Promotions. You hereby consent to receive notification from TVDuck of promotions and other notices to the email address that you provide to TVDuck.
- Cooperation. You acknowledge that TVDuck will report to law enforcement authorities any actions that may be considered illegal. When requested, TVDuck will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
- Miscellaneous. A failure to enforce any provision of this Agreement will not be interpreted as a waiver of that breach or any preceding or succeeding breach of the same or similar nature. The headings of the clauses of this Agreement are solely for the purpose of convenience and will not be used in the interpretation of any provision. The substantially prevailing party in any dispute relating to this Agreement will be entitled to recover associated costs, including the reasonable fees of attorneys and other professionals. This Agreement, including any commissions and terms referenced herein, contain the entire understanding of the parties. This Agreement is made for the benefit of the parties and not for the benefit of any third parties. This Agreement will be interpreted in accordance with its terms and without any strict construction in favor of or against either party.
If you have any questions concerning this Agreement, please contact contact@TVDuck.com.