The website located at www.duckhooked.com is owned and operated by DuckHook Media LLC, a Texas limited liability company ("DuckHooked"), and any person or entity to whom it has assigned such interest or designated to operate the Site. By using this website and the information it offers (collectively, the "Site"), you indicate your acceptance of these Terms of Service (these "Terms").
To participate on the Site in areas for social media, blogs, forums, comments and e-commerce, you are required to register as a member (together with any user of the Site, a "Member"). DuckHooked does not encourage, solicit, or permit visitors who are under the age of 13 to become a Member of or visit the Site. As part of the registration process, you will select a Member name and password and may be required to provide certain information. DuckHooked may disallow the use of any Member name that we, in our sole and absolute discretion, deem offensive or inappropriate.
You affirm that the information you supply during the registration process is true, accurate, current, and complete information about yourself. If the information becomes inaccurate, it is your responsibility to update your registration. If we believe that your registration information is untrue, inaccurate, incomplete, or outdated, we may suspend or terminate your use of the Site at any time and without any notice to you. You are responsible for preserving the confidentiality of your password and for the actions of persons accessing the Site through Member names and passwords selected by you. You agree to notify us immediately of any unauthorized use of your Member name or password.
A Member is prohibited from generating revenue from the webpages, blogs, forums, postings, text, files, links, attachments, comments, or other materials posted to the Site by a Member and hosted on the Site's server ("Member Content"). Members are strictly prohibited from (a) selling any products or services directly through the Site and (b) causing advertisements for services or products sold or provided by third parties to be placed on the Site except through the Classified Ads section of the Site. DuckHooked reserves the right to remove any classified ad at any time without any notice in our sole and absolute discretion. Notwithstanding the foregoing, if you would like to purchase advertising on this Site, please contact firstname.lastname@example.org.
Members may generally place links in their postings on the Site to other websites that offer services or products for sale and Member Content may include information about the Member's activities, products or business, however, we retain the right to remove at any time and without any notice to you, any Member Content that we may deem inappropriate, in our sole and absolute discretion.
You may not accept any cash through the Site by any means, including, without limitation, credit card or PayPal payments.
You may not use the Site for illegal purposes or for any purpose that we determine, in our sole and absolute discretion, to be inappropriate. You may not post Member Content to the Site for illegal purposes or to display, promote, or publish any illegal content.
DuckHooked may offer the Services through a mobile website and/or mobile applications (collectively, the "Mobile Applications"). This Agreement governs all services that are accessible on or through the Mobile Applications. If you use the services on a mobile device, you agree that information about your use of the services through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical location. Although we provide our services through the Mobile Apnsplicat free of charge, your mobile carrier's standard fees and rates will still apply. You accept responsibility for all charges.
If you believe that any Member Content posted on the Site is inaccurate, you are solely limited to posting a rebuttal. DuckHooked does not remove Member postings at the request of the Members. Please note that DuckHooked is a provider of an interactive computer service under the Communications Decency Act or "CDA," (see 47 U.S.C. § 230). The CDA provides that when a user writes and posts material on a website, the website itself cannot, in most cases, be held legally responsible for the posted material. Specifically, 47 U.S.C. § 230(c)(1) states, "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." Because the comments and opinions on the Site are authored by Members of the Site, DuckHooked is not liable for the content even if it contains false or inaccurate information.
To be of use to our Members, we encourage a large volume of posting on the Site. Given the volume, we do not assume any duty to monitor the accuracy of the information our Members may choose to post on our Site. However, we reserve the right to remove and delete, at any time and without any notice, any Member Content hosted on the Site's server, or any other Site content that is inappropriate or otherwise warrants removal in our opinion and in our sole and absolute discretion.
Member Content made available through this Site is that of its authors and not of DuckHooked, and should not necessarily be relied upon. Such authors are solely responsible for the accuracy of such content. DuckHooked does not guarantee the accuracy, completeness, or usefulness of any information on the Site and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will DuckHooked be responsible for any loss or damage resulting from anyone's reliance on information or other Member Content posted on the Site.
You may not post inappropriate Member Content on the Site. Inappropriate Member Content includes anything DuckHooked, in its sole and absolute discretion, determines to be offensive or inappropriate for inclusion or use on the Site. Members are prohibited from using the Site to:
You must be courteous to other Members of the Site. Personal attacks are grounds for being banned from use of the Site. If you have a problem with something that another Member has posted on the Site please contact us. Do not post a personal attack in response. Harassing Members of the Site in any way will not be tolerated. If a Member has advised you that they do not wish for you to contact them, it is your responsibility to respect this request. Failing to adhere to these Terms may lead to you being immediately and permanently banned, with notification to your internet service provider if we deem necessary, in our sole and absolute discretion. The IP addresses of all Member posts to the Site may be recorded to aid in enforcing these Terms.
YOU AGREE THAT DUCKHOOKED ASSUMES NO RESPONSIBILITY FOR MONITORING THE SITE FOR ANY INAPPROPRIATE MEMBER CONTENT OR CONDUCT. IF, AT ANY TIME, DUCKHOOKED CHOOSES, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MONITOR MEMBER CONTENT, DUCKHOOKED NONETHELESS ASSUMES NO RESPONSIBILITY FOR THE MEMBER CONTENT, NO OBLIGATION TO MODIFY OR REMOVE ANY INAPPROPRIATE MEMBER CONTENT, AND NO RESPONSIBILITY FOR THE CONDUCT OF THE MEMBER SUBMITTING ANY SUCH MEMBER CONTENT.
WARNING: It is possible that other users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Site and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Site, and that the recipient may use such information to harass or injure you. DuckHooked is not responsible for the use of any information that you may choose to disclose through the Site. Please carefully select the type of information that you post on the Site or release to others. Opinions, advice, statements, offers, or other information or content made available through the Site, but not directly by DuckHooked, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. You agree to take normal precautions when meeting individuals in person that you have made contact with through the Site.
You are solely responsible for your interactions with other Members of the Site. We reserve the right, but have no obligation, to monitor disputes between you and other Members.
In the event of any dispute between you and another Member, including any dispute regarding any third party offers included on the site such as classified ad posted by a Member, coupons provided by businesses, or tee times reserved on the Site, you release DuckHooked, its agents, directors, officers and employees from any claims and damages of every nature (including, without limitation, actual, special, incidental and consequential), known and unknown, disclosed and undisclosed, arising out of or in any way connected with such dispute.
At any time and without notice to you, DuckHooked may terminate your use of the Site with or without cause, including, without limitation, if the Site believes that you have violated or acted inconsistently with this Agreement. In the event of termination, all representations, warranties, indemnifications, and promises made by you under these Terms shall survive. DuckHooked may also modify or discontinue providing the Site, or any part thereof, with or without notice. DUCKHOOKED IS NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE, ANY MODIFICATION OR TERMINATION OF THE SITE, OR ANY LOSS OF MEMBER CONTENT.
The Site is protected by copyright, trademark, trade dress and other intellectual property rights.
Content copied, downloaded or printed must retain all the copyright, trademark and other proprietary notices.
You may not post Member Content that infringes any third party's intellectual property rights. It is the Site's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the "DMCA"). Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. § 512(c)(3)) before sending your claim. If the Site removes Member Content or disables access to Member Content to comply with the DMCA, it will make a good-faith attempt to contact the owner or administrator of the Member Content so that they may make a counter notification pursuant to section 512(g)(2) and (3) of the DMCA. It is the Site's policy to document all notices of alleged infringement on which it acts.
In the event you believe material or content published on the Site may infringe on your copyright or on another's copyright, please provide detailed written notice of such possible infringement to DuckHooked's Designated Agent:
8422 Trophy Place Dr.
Humble, TX 77346
DuckHooked respects the intellectual property of authors and creators of written works and visual images and we ask our Members to do the same. A copyright exists in nearly all text, images and artwork. Copyright vests in its owner the exclusive right to make copies, publicly distribute copies, publicly display the work, and prepare other works based on the original. Federal law provides both civil and criminal penalties for violation of a copyright. DuckHooked and Members are each subject to the copyright laws. You represent and warrant that you possess all necessary rights to use the Member Content that you submit to the Site and that use of such content does not violate the foregoing. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any Member Content that you submit to us. If you have any questions, you should consult a lawyer who specializes in intellectual property law.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the pages that are activated by the link do not: (a) create frames around any page on the Site or use other techniques that alter in any way the visual presentation or appearance of any content within the Site; (b) misrepresent your relationship with DuckHooked; (c) imply that DuckHooked approves or endorses you, your website, or your service or product offerings; and (d) present false, derogatory, misleading or otherwise offensive impressions about DuckHooked or its products or services or otherwise damage the goodwill associated with the DuckHooked name or trademarks. You may not use any DuckHooked logo or other proprietary graphic or trademark as part of the link without express written permission. As a further condition to being permitted to link to the Site, you agree that DuckHooked may at any time, in its sole discretion, terminate permission to link to the Site. In such event, you agree to immediately remove all links to the Site.
If you register on the Site, you hereby authorize the Site to send you Site newsletters and email communications.
You understand that if you include your email address in any public posting to the Site, that you may receive unsolicited emails from third parties for which DuckHooked bears no responsibility.
The Site may at any time modify, add to, or remove portions of these Terms, without prior notice. It is your responsibility to check these Terms periodically for changes. DuckHooked will provide notice of any updates, revisions, supplements, modifications or amendments to these Terms on the Site's homepage. By continuing to use the Site and maintain Member Content on the Site after the Site's posting of such changes, you agree to be bound by these Terms, as modified. Your use of the Site is subject to the most current version of these Terms.
The Site is not responsible for providing any technical assistance beyond a voluntary good-will effort to facilitate Site usage. THE SITE IS PROVIDED "AS IS," AND DUCKHOOKED AND ITS LICENSEES, SUPPLIERS AND CO-BRANDED PARTNERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. WITHOUT LIMITING THE FOREGOING, DUCKHOOKED DOES NOT PROMISE OR WARRANT TO YOU THAT ANY ASPECT OF THE SITE WILL WORK PROPERLY, OPERATE ERROR-FREE, OR WILL BE AVAILABLE CONTINUOUSLY. DUCKHOOKED ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE SITE OR ANY USER COMMUNICATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DUCKHOOKED OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DUCKHOOKED AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS ARE NOT LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF DUCKHOOKED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER ARISING (INCLUDING NEGLIGENCE).
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE. FURTHER, IN NO EVENT WILL DUCKHOOKED BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SITE OR THESE TERMS IN AN AMOUNT GREATER THAN U.S. $50.00. DUCKHOOKED SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON OR THROUGH THIRD PARTY SITES.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD DUCKHOOKED, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, COBRANDED PARTNERS OR OTHER PARTNERS, AND EMPLOYEES, HARMLESS FROM ANY CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), ALLEGATIONS, LOSSES, AND LIABILITIES ARISING FROM OR RELATED TO (A) ANY VIOLATION BY YOU OF THIS AGREEMENT, (B) YOUR USE OF THE SITE, (C) MEMBER CONTENT THAT YOU SUBMIT, POST TO, OR TRANSMIT THROUGH THE SITE, AND (D) YOUR ACCESS TO OR USE OF LINKED SITES.
ANY DISPUTE ARISING BETWEEN YOU AND DUCKHOOKED (WHETHER GROUNDED IN CONTRACT, TORT, STATUTE, LAW OR EQUITY) OR RELATING IN ANY WAY TO THIS AGREEMENT OR THE SITE, YOUR ACCESS TO OR USE OF THE SITE, WILL BE RESOLVED, INDIVIDUALLY, THROUGH BINDING ARBITRATION IN BEXAR COUNTY, TEXAS, USING THE THEN-CURRENT RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AND THE RESULTING DECISIONS MAY BE ENTERED IN ANY COURT WITH PROPER JURISDICTION. THIS MEANS THAT IF YOU HAVE A GRIEVANCE WITH DUCKHOOKED, YOU CANNOT TAKE DUCKHOOKED TO COURT, AND YOU MAY NOT JOIN YOUR ACTION WITH ANY OTHER PARTY. YOU CAN ADDRESS SUCH GRIEVANCES THROUGH ARBITRATION ONLY, AND YOU ARE HEREBY CONSENTING TO DO SO IN SAN ANTONIO, TEXAS, USING TEXAS LAWS (WITHOUT REGARD TO TEXAS RULES ON CONFLICT OF LAWS). TO THE FULLEST EXTENT ALLOWED BY LAW, ANY SUCH CONTROVERSY OR CLAIM MUST BE ARBITRATED ON AN INDIVIDUAL BASIS, AND WILL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN BEXAR COUNTY, TEXAS, AS NECESSARY TO PROTECT THE PARTY'S RIGHTS OR PROPERTY PENDING THE COMPLETION OF ARBITRATION.
Any dispute must be raised within one (1) year after the date the cause of action arose. Failure to provide the written documentation within this timeframe will render all claims related to the dispute null and void.
DuckHooked's principal office is in the State of Texas and this Site is controlled by DuckHooked from its offices within the State of Texas, United States of America. The Site can be accessed from all 50 states, as well as from other countries around the world. As each of these jurisdictions has laws and regulations that may differ from those of Texas, by accessing this Site both you and DuckHooked agree that the statutes and laws of the State of Texas, without regard to conflicts of laws principles thereof, will apply to all matters relating to use of this Site (whether grounded in tort, contract, law or equity).
This contract is fully performable in Bexar County, Texas. The Parties hereto waive any challenge to personal jurisdiction or venue (including without limitation a challenge based on inconvenience) in Bexar County, Texas. For any matter not governed by the arbitration clause above, the Parties specifically consent to the jurisdiction of the State District Courts of Bexar County, and the United States District Court for the Western District of Texas.
DuckHooked reserves the right to charge fees, surcharges and/or membership fees for use of the Site at any time upon thirty (30) days' prior written notice. Such notice shall be provided on the Site and may be reflected in an amendment to these Terms.
If you have a comment, question or request, or if you need to contact DuckHooked for any other reason, there are two easy ways to do so.
This Agreement was updated on January 13, 2012.