Terms of Use — Ducks Unlimited Canada
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DUC

Terms of Use

User Agreement for the Ducks Unlimited Canada website

Please read the Terms and Conditions carefully, because when you use our site, you automatically agree to them.

Ducks Unlimited Canada (“DUC”) either owns the intellectual property rights in the underlying HTML, text, audio clips, video clips and other content that is made available to you on our website, or has obtained the permission of the owner of the intellectual property in such content to use the content on our website.

You agree not to re-use material from eider.ducks.ca or from any other website operated by DUC. In particular, you agree not to copy, distribute, republish, upload, post, or transmit anything unless you get our written consent first.

There are two exceptions. As a member of the general public you may download material onto one computer for your personal, non-commercial use only, provided you don’t delete or change any copyright, trademark, or other proprietary notices. As a member of the media you may download news releases, photos, and collateral information provided for your use, provided you also don’t delete or change any copyright, trademark, or other proprietary notices, and that you adhere to good business practices regarding the use and reproduction of such material.

But please don’t modify the materials or use them for any other purpose; if you do, you’ll be violating our intellectual-property rights.

Limited License

DUC grants to you a limited license to display on your computer, print, download and use the underlying HTML, text, audio clips, video clips and other content that is made available to you on our website, for non-commercial (personal or educational) purposes only, provided that:

  • you do not modify or misrepresent any such content; and
  • you include with and display on each copy of such content the associated copyright notice and this limited license.

Content authorized for release to media can also be displayed, printed, downloaded and used in keeping with the normal practices governing the release of authorized material by other means.

No other use is permitted.

That means that we retain full and complete title to the software and to all of the associated intellectual-property rights. So you’re not allowed to redistribute or sell the material — or to reverse-engineer, disassemble, or otherwise convert it to any other form that people can use. Normal exceptions regarding the reproduction and redistribution of media material would apply.

No rights, other than displays, are granted with respect to DUC trademarks. Any unauthorized use of DUC trademarks is strictly prohibited.

No Warranties

DUC does not warrant the quality, accuracy or completeness of any claims, statements or information on our website. Furthermore, DUC makes no representations about the suitability of any of the information contained on this website for any purpose. Such information is provided “as is” without warranty or condition of any kind. This website may include inaccuracies or typographical errors.

This disclaimer includes (but is not limited to) warranties:

That the material is of any particular level of quality or fit for a particular purpose.
That the functional elements contained in the materials will be uninterrupted or error-free.
That defects will be corrected.
That our sites or the servers that make them available are free of viruses or other harmful components.
In addition to the above, you (and not DUC) assume the entire cost of all necessary servicing, repair, or correction.

Prohibited Uses, Content and Activities

Prohibited Uses

You agree that you will not: (i) use the Ducks Unlimited Canada Services for any purpose that is unlawful or contrary to these Terms of Use; (ii) use the Ducks Unlimited Canada Services in any manner that could damage, disable, overburden, or impair the Ducks Unlimited Canada Services or interfere with any other party’s use and enjoyment of them; (iii) attempt to gain unauthorized access to any Ducks Unlimited Canada user account, computer systems or networks associated with the Ducks Unlimited Canada Services; or (iv) obtain or attempt to obtain any materials or information through the Ducks Unlimited Canada Services by any means not intentionally made available or provided for.

Prohibited Content

You agree not to post, submit, upload or otherwise display prohibited content on or through the Ducks Unlimited Canada Services, including, but not limited to, text, photos, illustrations, graphics, audio clips, video clips, and other music and video files (all of these things are commonly referred to as “Content”). The following is a partial list of the kind of Content that is illegal or prohibited to post submit, upload or otherwise display on or through the Ducks Unlimited Canada Services. Ducks Unlimited Canada reserves the right to investigate and take appropriate legal action against anyone who, in Ducks Unlimited Canada’s sole discretion, violates this provision, including without limitation, removing the offending communication from Ducks Unlimited Canada Services and terminating the subscription, membership, registration and/or use of such violators. Prohibited content includes, but is not limited to Content that, in the sole discretion of Ducks Unlimited Canada Services:

  • Is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • Harasses or advocates harassment of another person;
  • Exploits people in a sexual or violent manner;
  • Contains nudity, violence, or offensive subject matter or contains a link to an adult website;
  • Solicits personal information from anyone under 18;
  • Publicly discloses any telephone numbers, street addresses, or last names;
  • Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or video or links to pirated music or video files;
  • Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
  • Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  • Involves commercial activities and/or sales without Ducks Unlimited Canada’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • Includes a photograph of another person that you have posted without that person’s consent.

Prohibited Activity

The following is a partial list of the kind of activity that is illegal or prohibited on the Ducks Unlimited Canada Services and through your use of the Ducks Unlimited Canada Services. Ducks Unlimited Canada reserves the right to investigate and take appropriate legal action against anyone who, in Ducks Unlimited Canada’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

  • Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”);
  • Criminal, illegal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  • Advertising to, or solicitation of, any user to buy or sell any products or services through the Ducks Unlimited Canada Services;
    Exporting encryption software over the Internet or otherwise to points outside Canada;
  • Covering or obscuring the banner or other advertisements on your personal profile page or other page via HTML/CSS or any other means;
  • Any automated use of the system, such as using scripts to add friends or send comments or messages;
  • Interfering with, disrupting, or creating an undue burden on the Ducks Unlimited Canada Services or the networks or services connected to the Ducks Unlimited Canada Services;
  • Attempting to impersonate another user or person;
  • Using the account, username, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account;
    Selling or otherwise transferring your profile;
  • Using any information obtained from the Ducks Unlimited Canada Services in order to harass, abuse, or harm another person;
  • Displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Ducks Unlimited Canada Services, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose; OR
  • Using the Ducks Unlimited Canada Services in a manner inconsistent with any and all applicable laws and regulations.

Spam

You may not transmit any chain letters or junk email to other users. You may also not forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message. It is also a violation of these rules to use any information obtained from the Ducks Unlimited Canada Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit or implied consent. In order to protect Ducks Unlimited Canada users from such advertising or solicitation, Ducks Unlimited Canada reserves the right to restrict the number of emails which a user may send to other users in any 24-hour period to a number which Ducks Unlimited Canada deems appropriate in its sole discretion. If you breach these terms and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Ducks Unlimited Canada Services, you acknowledge that you will have caused substantial harm to Ducks Unlimited Canada.

User Disputes

You are solely responsible for your interactions with other users of Ducks Unlimited Canada Services. We reserve the right, but have no obligation, to monitor disputes between you and other users.

Policy on Emailing, Chatting, and Posting on a Message Board

The Ducks Unlimited Canada Services may include use of an email account or emailing, chatting, or message board activity (individually and collectively “Community Applications”). Your use of the Community Applications is subject to these Terms of Use.

You understand that Ducks Unlimited Canada is not obligated to provide any assistance, including any technical or customer support, in connection with the use of any Community Applications, and that your use of the Community Applications is at your own risk. Any and all Community Applications are provided “AS IS” and “AS AVAILABLE” and no warranties are provided, except as required by law. SPECIFICALLY, THE WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED.

Ducks Unlimited Canada is in no way liable for any claims arising from your use of any Community Applications. As a condition of your use, you agree to indemnify Ducks Unlimited Canada for all claims relating to your use, reproduction of, and/or receipt or distribution of content through the Community Applications. Ducks Unlimited Canada reserve the right, in its sole discretion and at any time: to modify or discontinue the Community Applications; to limit, terminate or suspend your use of the Community Applications; and to assess charges for the use of the Community Applications in the future.

Your Text, Photos, Artwork, Sound Recordings and other Materials Submitted to Ducks Unlimited Canada or Posted on a Ducks Unlimited Canada Service or Ducks Unlimited Canada Site

By submitting or posting text, photos, video, sound recordings, artwork, designs, software, data, or any other materials (“Your Materials”), you are giving us permission, in perpetuity, on a no-charge basis, to use Your Materials in connection with the Ducks Unlimited Canada Services, in connection with any advertisements and promotions, and for any other purpose for which Ducks Unlimited Canada chooses to use Your Materials. In particular, you understand and agree that by submitting, posting or uploading Your Materials to Ducks Unlimited Canada or the Ducks Unlimited Canada Service, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting Ducks Unlimited Canada and its affiliated companies permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell Your Materials, and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to Your Materials. These grants include the right to exploit any proprietary rights in Your Materials, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. These grants further include the right to place advertisements on or in connection with Your Materials. No compensation will be paid with respect to Ducks Unlimited Canada’s use of Your Materials, including but not limited to any uses of Your Materials which generate revenue for Ducks Unlimited Canada or a third party. Ducks Unlimited Canada is under no obligation to post or use Your Materials you may provide and may remove Your Materials at any time at Ducks Unlimited Canada’s sole discretion. You certify and warrant that Your Materials you submit is your original work and does not infringe any copyright or intellectual property right, and has never been copyrighted or, if copyrighted, that you are the sole copyright owner. For the avoidance of doubt, this section is not applicable to any personally identifiable registration information that you provide in the process of registering for the Ducks Unlimited Canada Services.

Ducks Unlimited Canada may delete any of Your Materials that in the sole judgment of Ducks Unlimited Canada violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Ducks Unlimited Canada assumes no responsibility for monitoring the Ducks Unlimited Canada Services or Ducks Unlimited Canada Sites to see if Your Materials, or the materials of any other user or the conduct of you or any other user are inappropriate. If at any time Ducks Unlimited Canada chooses, in its sole discretion, to monitor the Ducks Unlimited Canada Services or Ducks Unlimited Canada Site, Ducks Unlimited Canada nonetheless assumes no responsibility for Your Materials or the materials of any other user, no obligation to modify or remove any inappropriate materials, and no responsibility for the conduct of the user submitting any such materials. Furthermore, you are solely responsible for Your Materials and any material or information that you transmit to other users and for your interactions with other users. Ducks Unlimited Canada does not endorse and has no control over the materials posted by users. Materials are not necessarily reviewed by Ducks Unlimited Canada prior to posting and do not necessarily reflect the opinions or policies of Ducks Unlimited Canada. Ducks Unlimited Canada makes no warranties, express or implied, as to user materials or to the accuracy and reliability of user materials or any material or information that you transmit to other users.

Content Available on the Ducks Unlimited Canada Services

The Ducks Unlimited Canada Services and all the content offered through it, including, but not limited to, text, photos, graphics, audio clips, video clips, other music and video files and everything else you see and hear through the Ducks Unlimited Canada Services (all of these things are commonly referred to as “Content”) are owned exclusively by Ducks Unlimited Canada or others who have licensed their material to Ducks Unlimited Canada. The Content is therefore protected by copyrights, trade secrets, or other proprietary rights which means that you and others using this Ducks Unlimited Canada Services are not permitted to use the Content (and that includes modifying, copying, downloading, uploading or distributing the Content) except as outlined in the Terms of Use. You are authorized only to make personal, noncommercial use of the Content. All rights not expressly granted to you in the Terms of Use are reserved by Ducks Unlimited Canada (or its licensors as the case may be). Also, any of the names and logos (which are commonly referred to as “Trademarks”) that appear on the Ducks Unlimited Canada Services are owned by Ducks Unlimited Canada or their respective owners. The Trademarks may not be used in any manner without the prior permission of the owners. You understand that any unauthorized use of the Trademarks or Content would result in irreparable injury to Ducks Unlimited Canada for which money damages would be inadequate and in such event Ducks Unlimited Canada will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.

Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Ducks Unlimited Canada to terminate user privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to Ducks Unlimited Canada by the copyright owner or the copyright owner’s legal agent.

Software Available on the Ducks Unlimited Canada Services

All software (if any) that is made available to view and/or download from the Ducks Unlimited Canada Services (“Software”) is owned by and is the copyrighted work of Ducks Unlimited Canada and/or its suppliers, licensors or affiliates. Your use of the Software is governed by the terms of the license agreement, if any, that accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, Ducks Unlimited Canada hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the Ducks Unlimited Canada Services in accordance with these Terms of Use, and for no other purpose, provided that you keep intact all copyright and other proprietary notices. All Software is owned by Ducks Unlimited Canada and/or its suppliers, licensors or affiliates and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of Canada. You understand that any unauthorized use of the Software would result in irreparable injury to Ducks Unlimited Canada for which money damages would be inadequate and in such event Ducks Unlimited Canada will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.

Warranty Disclaimer

DUCKS UNLIMITED CANADA AND ITS SUPPLIERS, LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTY ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND OTHER MATERIALS CONTAINED ON OR OBTAINED THROUGH THE DUCKS UNLIMITED CANADA SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. DUCKS UNLIMITED CANADA AND ITS SUPPLIERS, LICENSORS AND AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Limitation of Liability

IN NO EVENT SHALL DUCKS UNLIMITED CANADA, ITS SUPPLIERS, LICENSORS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE DUCKS UNLIMITED CANADA SERVICES, WITH THE DELAY OR INABILITY TO USE THE DUCKS UNLIMITED CANADA SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE DUCKS UNLIMITED CANADA SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE DUCKS UNLIMITED CANADA SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF DUCKS UNLIMITED CANADA OR ANY OF ITS SUPPLIERS OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME PROVINCES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE DUCKS UNLIMITED CANADA SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DUCKS UNLIMITED CANADA SERVICES. In no event will Ducks Unlimited Canada’s liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by you for the Ducks Unlimited Canada Service which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.

Termination and Restriction of Access

Ducks Unlimited Canada reserves the right, in its sole discretion, to reject, refuse to post, or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to the Ducks Unlimited Canada Services or any portion thereof at any time, without prior notice. Ducks Unlimited Canada may also terminate or suspend your access to the Ducks Unlimited Canada Services for breach of this Terms of Use or inactivity, which is defined as failing to sign in to the Services for an extended period of time, as determined by Ducks Unlimited Canada. Notwithstanding the foregoing, if you have purchased and paid for a subscription to use the Ducks Unlimited Canada Services, Ducks Unlimited Canada will not terminate your access to the Ducks Unlimited Canada Services prior to the expiration of your subscription period without good cause. Good cause includes, but is not limited to, your breach of this Terms of Use. If your Ducks Unlimited Canada Services subscription is terminated for good cause, or if you cancel your Ducks Unlimited Canada Services subscription prior to the expiration of the subscription period for any reason, Ducks Unlimited Canada will not refund to you any fees paid in advance of such termination or cancellation. Upon termination of your Ducks Unlimited Canada account, your right to use the Ducks Unlimited Canada Services immediately ceases and all benefits associated with your membership are immediately terminated. Any cancellation or termination by you or Ducks Unlimited Canada shall not relieve you of any obligations to pay fees accrued prior to such cancellation or termination. Any or all of the Ducks Unlimited Canada Services, including but not limited to any subscription site, may be discontinued at any time without notice or refund, even if such discontinuance occurs prior to the expiration of your paid membership or subscription, if any.

Another Disclaimer

We sometimes provide access to other websites from our sites. But we don’t endorse or approve any products or information offered at sites you reach through our site. Check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in the DUC site or have moved to another site.

Submissions

DUC will not accept or consider creative ideas, suggestions or materials other than those it has specifically requested. Accordingly, we ask that you do not send us any such materials. If, despite this request, you do submit material to us:

(1) All remarks, suggestions, ideas, graphics, or other information that you communicate to DUC through this site (other than information we promise to protect under our Privacy Policy), become and remain our property, even if this agreement is later terminated.

This means that…

  • We don’t have to treat any such submission as confidential.
  • You can’t sue us for using the ideas you submit (including, but not limited to, product or advertising ideas).
  • If we use them — or anything like them — we don’t have to pay you or anyone else for them.
  • We will have exclusive ownership of all present and future rights to submissions of every kind. We can use them for any purpose, without compensating you or anyone else for them. You agree not to assert any ownership right of any kind in your submission (including, but not limited to copyright, trade mark, unfair competition, moral rights, or implied contract) and you waive the right to receive any financial or other consideration in connection with such unsolicited submissions including, but not limited to, credit.

(2) You acknowledge that you are responsible for any submission you make — in other words, you acknowledge that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Jurisdiction

Unless otherwise specified, the materials in our sites are presented to provide information about DUC and its programs.

DUC controls and operates this site from its National Office at Oak Hammock Marsh, Manitoba, Canada. We in no way imply that the materials on the site are appropriate or available for use outside Canada. If you use our site from locations outside Canada, you are responsible for compliance with any applicable local laws.

Termination of this agreement

This agreement is effective until terminated by either party. You may terminate this agreement at any time, by destroying all materials obtained from all DUC sites, along with all related documentation and all copies and installations.

DUC may terminate this agreement at any time and without notice to you if, in its sole judgement, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.

In addition, by providing material on our Web site, we do not in any way promise that the materials will remain available to you. And DUC is entitled to terminate all or part of any of its websites at any time, without notice to you.

Miscellaneous points about the terms and conditions of this user agreement

These Terms and Conditions, and the agreement they create, shall be governed by and interpreted according to the laws of Canada.

If any provision of this agreement is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions.

DUC may modify these Terms and Conditions, and the agreement they create, at any time, simply by updating this posting and without notice to you.

This is the entire agreement regarding all the matters that have been discussed in the preceding paragraphs.