DuckBuck.com Originally Posted November 25, 2009, Latest Revision posted Nov. 8, 2010 Terms of Use Agreement 1. Background: DuckBuck (DuckBuck.com) is owned and managed by LHG Enterprises, (LHG, Inc.). The intention of DuckBuck is to offer hunting enthusiasts a place to communicate and connect with other hunting enthusiasts. DuckBuck.com is hosted and managed in the United States of America and shall be governed by United States laws. Any prohibited or illegal activity on the DuckBuck Website and through the use of DuckBuck provided or offered services is strictly forbidden. 2. The Terms of Use Agreement: This Terms of Use Agreement apply to all of the services provided and offered by DuckBuck without limitation. All items listed in this agreement are legally binding. In visiting, browsing, registering or using DuckBuck services you agree to the entirety of this Terms of Use Agreement and any alterations, amendments, or revisions which may occur over time at the sole discretion of DuckBuck management. You are only allowed to use DuckBuck provided or offered services if you agree to all of terms within this Terms of Use Agreement along with all applicable local, state, national and international rules, laws, regulations, and restrictions. As a user of DuckBuck provided or offered services, you are responsible for reviewing these terms regularly, as they become applicable to any user, visitor, member, or browser of DuckBuck.com and its offered or provided services upon each revised or altered posting by DuckBuck management. You agree to acquire, on your own, at your sole responsibility any translations required of this document as needed to fully comprehend the Terms of Use Agreement. You agree not to alter or manipulate this Terms of Use Agreement or its terms. This Terms of Use agreement shall remain fully effective during and after your use or viewing of DuckBuck provided or offered services, regardless of membership termination or cancellation by user. You agree and acknowledge that this Terms of Use Agreement is to be used to the fullest extent acceptable by law. 3. Age Requirement: You must be 13 years of age or older to use DuckBuck provided services. 4. Content: Content, as discussed in this Terms of Use Agreement, includes, but is not limited to texts, messages, chats, blogs, forums, audio, videos, pictures, images, links, external links, profiles, memberships, user names, email addresses, addresses, classified ads, advertisements, external websites, URL’s, and any other forms of content, activity, actions, and use through DuckBuck provided or offered services. In posting or submitting content through or on DuckBuck provided or offered services, you are responsible for the entirety of the content, it’s copyright, trademark or patent privileges, the privacy and protection of any individuals, companies, organizations, or other entities. You agree that you are solely liable and responsible for your communication and interaction with other DuckBuck users, any other parties with whom you interact through the DuckBuck provided or offered services, including but not limited to advertised services. You agree that your content is justly your content, you are free to share your content with others as desired, however you agree DuckBuck is not liable for this content and is not required to pay you any sum for this content under any given circumstance. DuckBuck shall not be held accountable or liable for user content or any use or viewing of DuckBuck services by visitors, guests, members, or users. As a user or visitor, you agree that you are responsible for all fees, royalties, copyrights, and privacy of any content you might post, submit, transmit, send or share through DuckBuck. In using DuckBuck provided or offered services, you agree to be solely and entirely accountable for any and all use of your user account and viewing of other user accounts. The content on DuckBuck does not necessarily reflect opinions, thoughts, concerns, or ideas of DuckBuck. You agree that you are not allowed to submit infringing content and that we may at any time remove or terminate accounts for repeating infringers and that all content complies with the Digital Millennium Copyright Act.5. Rights to Content: DuckBuck does not claim ownership or collect fees of any type for any user content, however, DuckBuck reserves the right to exhibit, adjust, share, reveal, show, allocate, use, alter, change, remove, imitate, reproduce, display, and dispense any user transferred, posted, or submitted content as desired by DuckBuck, without explanation, at the sole discretion of DuckBuck, with any entity desired by DuckBuck. Although DuckBuck does not claim ownership or royalties of any user content, DuckBuck reserves the right to provide any authority, including but not limited to law enforcing agencies and/or governing authorities, any user transferred, posted, or submitted content as desired, at the sole discretion of DuckBuck, and as required by applicable local, state, national or international rules, laws, or regulations. Upon any termination of content including, but not limited to membership and user profiles, users have no right to obtain copies of this content without permission from DuckBuck. This permission is only granted at the sole discretion of DuckBuck. At all times DuckBuck reserves the right to remove any or all user content, accounts, profiles, messages, or any other content transferred or posted through or on DuckBuck provided and offered services without explanation, without prior notice, and for any reason, without liability. DuckBuck reserves the right to terminate account membership, usage abilities, space allowance, and any content at the sole discretion of DuckBuck management, without notice and for any reason. DuckBuck shall be without liability for removing any content or privilege of use to DuckBuck offered or provided services. At DuckBuck management’s sole discretion, DuckBuck reserves the right to remove profiles, revoke, deny, terminate, or restrict any user access or eligibility to any DuckBuck provided or offered services. If DuckBuck, for any reason, determines you have violated this Terms of Use Agreement, violated rules, regulations or laws of any governing authority, or pose a threat to DuckBuck, its management, partners, associates, affiliates, employees, its privacy, trademarks, patents, copyrights, or to anyone in the general public, other businesses, groups, or organizations, DuckBuck reserves the right to, but not limited to, turn over any content to authorities, prosecute to the fullest extent as allowed by governing authorities, or terminate user account, suspend the user account, and/or revoke eligibility.6. Prohibited Content: Your communications, content and/or actions in association, in, on, or through, DuckBuck provided or offered services, may not include, provoke, link to, or promote of any of the following, but not limited to, these listed prohibited items: • Hatred of any kind • Harassment of any type • Abusive language or conduct • Profanity, at the sole discretion of DuckBuck • Threats of any kind • Racism of any kind • Prejudice of any kind • Harm, physical or verbal, including but not limited to any type pertaining to any entity • Nudity • Pornography of any type • Exploitation of any kind • Theft of any type • Hacking of any kind • Conspiracies of any type • Inappropriate violence • Illegal hunting or poaching • Illegal weapons • Violation of privacy in any form • Trespassing • Forgery of any kind • Request of information from anyone under the age of 18 • Illegal activates of any type • Criminal activities of any type • False or misleading information of any kind • Libel of any kind • Slander of any kind • Unauthorized copies of any content, regardless of file types • Unauthorized music, regardless of file types • Unauthorized videos, regardless of file types • Unauthorized photography, regardless of file types • Unauthorized art, regardless of file types • Any pirated content, regardless of file types • Spam of any kind • Chain letters of any kind • Identity theft • Password theft • Unauthorized commercial sales without consent • Unauthorized advertising • Unauthorized raffles or drawings • Terrorist activities of any kind • Unauthorized barter • Computer viruses of any type • Malware and Bots • Worms • Any content that may be harmful to any computer • Fraudulent content of any kind • Copyright, Patent or Trademark infringement • Violation of intellectual property • Violation of trade secrets • Gambling • Illegal drug activates or drug dealing • Bulk messages • Unethical communication • Inappropriate communication • Unauthorized messaging, solicitation, or advertisement • Security infringement • Unauthorized distribution of DuckBuck content • Unauthorized use of banner advertisements 7. Responsibility: Despite the elaborate list of prohibited content within this Terms of Use Agreement, any and all user content, links, materials, information, services, solicitations, or products submitted or provided by DuckBuck users, members, or visitors that may violate this agreement, is illegal or unauthorized by any local, state, national or international authority, DuckBuck assumes no responsibility or liability for the illegal or unauthorized content material and the user agrees to assume all liability. DuckBuck, in no way, offers warranty, liability, or responsibility for the reliability or accuracy of any content posted on or through the DuckBuck provided or offered services. You agree DuckBuck is not responsible for any device you are viewing or using this site with/on, including but not limited to, its operating system, software, virus programs, browser or any other item necessary or used to view or use the DuckBuck provided or offered services. You understand and agree that DuckBuck shall not and will not be responsible or liable, under any given circumstance, for any viruses, malware, bots, bugs, errors, defects, interruptions, losses, delays, malfunctions, crashes, thefts, destructions, modifications, security issues, or unauthorized use of any user or visitor content, communication, material, or property of any kind. You agree that you are solely responsible for any links you may chose to click on or visit. 8. Responsibility to Notify DuckBuck: You agree to notify DuckBuck if you see any form of illegal or unauthorized activity on or through DuckBuck services. You may contact us through provided contact links at duckbuck.com. You agree that DuckBuck is not obligated, but reserves the right to become involved with any dispute or misuse of its provided or offered services. 9. Penalties: You agree DuckBuck reserves the right to fine you, at DuckBuck sole discretion, for any libel or slanderous damage endured in the event that your actions or content violates these Terms of Agreement in use of, but not limited to, any or all of the DuckBuck provided and offered services. 10. Privacy Policy: You agree to protect the privacy of your own password, remember the password, not disclose the password or use other user’s accounts or passwords. You also agree to protect the privacy and confidentiality of other user accounts and passwords. You agree to notify DuckBuck of any suspicious activity or use on your user account. DuckBuck does not promote or consent selling your contact information to third parties, however, DuckBuck retains the right to use any and all user content at its sole discretion as previously specified. You agree DuckBuck reserves the right to contact you, use your email address as required, send messages to you, make modifications or changes to its services, or contact you, as required, and as desired, at its sole discretion. You agree that DuckBuck reserves the right to monitor any and all activity on or through its services. You agree and understand that third parties may be placing and reading cookies on your users’ browser, or using web beacons to collect information, in the course of the ads being served on DuckBuck. You agree to be responsible for understanding and maintaining all options for cookie management. You agree and understand that all videos must comply with the Video Privacy Protection Act (VPPA), and you are responsible to obtain explicit, opt-in consent from users prior to sharing with any Facebook user data that may be subject to the VPPA. You also acknowledge Facebook has no obligations under the VPPA.11. Commercial Use: Commercial use of a DuckBuck accounts are only allowed where permitted by DuckBuck, each case at the sole discretion of DuckBuck management. Any advertisement, solicitation, link, classified advertisement, and other content that is not permitted by DuckBuck may be removed for any reason, at any time, without explanation or prior notice at the sole discretion of DuckBuck without liability. You agree that you are solely responsible and liable for partaking in any unauthorized activity on or through the DuckBuck provided or offered services. You agree DuckBuck is not responsible for any form of injury, harm, personal injury, corporative injury, death, fatality, infringement, breach, abuse, violation, damage, or loss caused by solicitors, advertisements, users, users content or violators of the DuckBuck provided or offered services including, but not limited to, any items posted on or through DuckBuck provided or offered services. 12. DuckBuck provided Content: You agree that all DuckBuck provided content is protected by law, including but not limited to the items hosted on the server in the account of DuckBuck, which is not to be used, copied, or tampered by users or visitors. SocialEngine licensing, codes, applications, tools, .php and .html information is not to be copied or used by any individual without the consent of Social Engine and/or DuckBuck as required per the proper owner. You may not use, share, copy, modify, translate, alter, convert or display any DuckBuck content without proper permission from DuckBuck at its sole discretion. The DuckBuck logo, including but not limited to the logo posted on DuckBuck.com, is the sole property of LHG Enterprises (DuckBuck). You agree not to modify, adapt, translate, decompile, reverse engineer, disassemble or attempt to derive source code from any DuckBuck or any advertisement service listed.13. User Fees: Currently the services provided and offered by DuckBuck are free to users; however at any time, DuckBuck reserves the right to charge for any or all of its services without refunding fees in instances of termination or suspension and without liability. 14. Guarantees and Warranties: You understand and agree that DuckBuck provides no guarantees or warranties of any type for its content or others content connected or provided through or on its services. You agree and understand that DuckBuck will provide its services solely at its own discretion. 15. Liability: You agree DuckBuck shall not, and will not, be liable, in any case, to you or any other party for direct, indirect, substantial, exemplary, incidental, or punitive damages, including but not limited to any lost profit arising from your use or viewing of any provided services. The DuckBuck legal responsibility or liability to you for anything, regardless of the act, will forever be limited to the sum paid, if any at all, by you to DuckBuck for its provided services during the extent of your membership.16. Indemnity and Disputes: This Terms of Use Agreement shall be in accordance with and governed by the rules, laws, and regulations of the State of Texas, disregarding any conflict of law provisions. You agree that DuckBuck Terms of Use Agreement applies unconditionally. This Terms of Use agreement shall remain fully effective during and after your use or viewing of DuckBuck provided or offered services, regardless of membership termination or cancellation by user. You agree to submit to the jurisdiction of the courts in the State of Texas to resolve any dispute pertaining to the Terms of Use Agreement. You agree to submit to the jurisdiction of the courts in the State of Texas to resolve any dispute pertaining to the DuckBuck provided or offered services. You agree to hold DuckBuck, any of its representatives, affiliates or other partners, and their owners, shareholders, officers, management, representatives, employees and partners harmless from any alleged claim, loss, demand or liability made by any individual or party in connection with the DuckBuck provided or offered services, including, but not limited to any associated court or attorney’s fees. All parties voluntarily and purposely waive any right to a trial by jury in respect of any claim, litigation, counterclaim, cross-claim, or other type of claim in association to this agreement. All parties agree and acknowledge that this Terms of Use Agreement is to be used to the fullest extent allowable by law. You agree that by becoming a member or user, accessing, or using any of the DuckBuck provided or offered services, you fully accept this Terms of Use Agreement. I HEREBY CERTIFY THAT I HAVE FULLY READ THIS AGREEMENT AND AGREE TO ALL TERMS INCLUDED ABOVE.
