TERMS OF SERVICE
Last updated
February 13, 2026
AGREEMENT TO OUR LEGAL TERMS
We are E-duck ('
Company
', '
we
', '
us
', or '
our
'), a company registered in Finland at Peltovainionkatu 4 c 19, Tampere
33400. Our VAT number is 31605598.
We operate the website forms-integrations.e-duck.net (the '
Site
'), as well as any other related products and services that refer or link to
these legal terms (the '
Legal Terms
') (collectively, the '
Services
').
You can contact us by email at
support@e-duck.net
or by mail to Peltovainionkatu 4 c 19, Tampere 33400, Finland.
These Legal Terms constitute a legally binding agreement made between you,
whether personally or on behalf of an entity ('
you
'), and E-duck, concerning your access to and use of the Services. You agree
that by accessing the Services, you have read, understood, and agreed to be
bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE
LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND
YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the
Services from time to time are hereby expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make changes or
modifications to these Legal Terms from time to time. We will alert you
about any changes by updating the 'Last updated' date of these Legal Terms,
and you waive any right to receive specific notice of each such change. It
is your responsibility to periodically review these Legal Terms to stay
informed of updates. You will be subject to, and will be deemed to have been
made aware of and to have accepted, the changes in any revised Legal Terms
by your continued use of the Services after the date such revised Legal
Terms are posted.
The Services are intended for users who are at least 13 years of age. All
users who are minors in the jurisdiction in which they reside (generally
under the age of 18) must have the permission of, and be directly supervised
by, their parent or guardian to use the Services. If you are a minor, you
must have your parent or guardian read and agree to these Legal Terms prior
to you using the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended for
distribution to or use by any person or entity in any jurisdiction or
country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement within
such jurisdiction or country. Accordingly, those persons who choose to
access the Services from other locations do so on their own initiative and
are solely responsible for compliance with local laws, if and to the extent
local laws are applicable. The Services are not tailored to comply with
industry-specific regulations (Health Insurance Portability and
Accountability Act (HIPAA), Federal Information Security Management Act
(FISMA), etc.), so if your interactions would be subjected to such laws, you
may not use the Services. You may not use the Services in a way that would
violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our
Services, including all source code, databases, functionality, software,
website designs, audio, video, text, photographs, and graphics in the
Services (collectively, the 'Content'), as well as the trademarks, service
marks, and logos contained therein (the 'Marks'). Our Content and Marks are
protected by copyright and trademark laws (and various other intellectual
property rights and unfair competition laws) and treaties in the United
States and around the world. The Content and Marks are provided in or
through the Services 'AS IS' for your personal, non-commercial use or
internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the '
PROHIBITED ACTIVITIES
' section below, we grant you a non-exclusive, non-transferable, revocable
licence to:
- access the Services; and
-
download or print a copy of any portion of the Content to which you have
properly gained access,
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part
of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission. If you wish to make any use of the Services, Content, or Marks
other than as set out in this section or elsewhere in our Legal Terms,
please address your request to:
support@e-duck.net
. If we ever grant you the permission to post, reproduce, or publicly
display any part of our Services or Content, you must identify us as the
owners or licensors of the Services, Content, or Marks and ensure that any
copyright or proprietary notice appears or is visible on posting,
reproducing, or displaying our Content. We reserve all rights not expressly
granted to you in and to the Services, Content, and Marks. Any breach of
these Intellectual Property Rights will constitute a material breach of our
Legal Terms and your right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the '
PROHIBITED ACTIVITIES
' section carefully prior to using our Services to understand the (a) rights
you give us and (b) obligations you have when you post or upload any content
through the Services.
Submissions:
By directly sending us any question, comment, suggestion, idea, feedback, or
other information about the Services ('Submissions'), you agree to assign to
us all intellectual property rights in such Submission. You agree that we
shall own this Submission and be entitled to its unrestricted use and
dissemination for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you.
Contributions:
The Services may invite you to chat, contribute to, or participate in blogs,
message boards, online forums, and other functionality during which you may
create, submit, post, display, transmit, publish, distribute, or broadcast
content and materials to us or through the Services, including but not
limited to text, writings, video, audio, photographs, music, graphics,
comments, reviews, rating suggestions, personal information, or other
material ('Contributions'). Any Submission that is publicly posted shall
also be treated as a Contribution. You understand that Contributions may be
viewable by other users of the Services.
When you post Contributions, you grant us a licence (including use of your
name, trademarks, and logos):
By posting any Contributions, you grant us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable, royalty-free,
fully-paid, worldwide right, and licence to: use, copy, reproduce,
distribute, sell, resell, publish, broadcast, retitle, store, publicly
perform, publicly display, reformat, translate, excerpt (in whole or in
part), and exploit your Contributions (including, without limitation, your
image, name, and voice) for any purpose, commercial, advertising, or
otherwise, to prepare derivative works of, or incorporate into other works,
your Contributions, and to sublicence the licences granted in this section.
Our use and distribution may occur in any media formats and through any
media channels. This licence includes our use of your name, company name,
and franchise name, as applicable, and any of the trademarks, service marks,
trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload:
By sending us Submissions and/or posting Contributions through any part of
the Services or making Contributions accessible through the Services by
linking your account through the Services to any of your social networking
accounts, you:
-
confirm that you have read and agree with our '
PROHIBITED ACTIVITIES
' and will not post, send, publish, upload, or transmit through the
Services any Submission nor post any Contribution that is illegal,
harassing, hateful, harmful, defamatory, obscene, bullying, abusive,
discriminatory, threatening to any person or group, sexually explicit,
false, inaccurate, deceitful, or misleading;
-
to the extent permissible by applicable law, waive any and all moral
rights to any such Submission and/or Contribution;
-
warrant that any such Submission and/or Contributions are original to
you or that you have the necessary rights and licences to submit such
Submissions and/or Contributions and that you have full authority to
grant us the above-mentioned rights in relation to your Submissions
and/or Contributions; and
-
warrant and represent that your Submissions and/or Contributions do not
constitute confidential information.
You are solely responsible for your Submissions and/or Contributions and you
expressly agree to reimburse us for any and all losses that we may suffer
because of your breach of (a) this section, (b) any third party’s
intellectual property rights, or (c) applicable law.
We may remove or edit your Content:
Although we have no obligation to monitor any Contributions, we shall have
the right to remove or edit any Contributions at any time without notice if
in our reasonable opinion we consider such Contributions harmful or in
breach of these Legal Terms. If we remove or edit any such Contributions, we
may also suspend or disable your account and report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe that
any material available on or through the Services infringes upon any
copyright you own or control, please immediately refer to the '
COPYRIGHT INFRINGEMENTS
' section below.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) you have the
legal capacity and you agree to comply with these Legal Terms; (2) you are
not under the age of 13; (3) you are not a minor in the jurisdiction in
which you reside, or if a minor, you have received parental permission to
use the Services; (4) you will not access the Services through automated or
non-human means, whether through a bot, script or otherwise; (5) you will
not use the Services for any illegal or unauthorised purpose; and (6) your
use of the Services will not violate any applicable law or regulation. If
you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future use of the Services (or any portion
thereof).
4. PURCHASES AND PAYMENT
We accept the following forms of payment:
- Visa - Mastercard - American Express - PayPal
You agree to provide current, complete, and accurate purchase and account
information for all purchases made via the Services. You further agree to
promptly update account and payment information, including email address,
payment method, and payment card expiration date, so that we can complete
your transactions and contact you as needed. Sales tax will be added to the
price of purchases as deemed required by us. We may change prices at any
time. All payments shall be in Euros. You agree to pay all charges at
the prices then in effect for your purchases and any applicable shipping
fees, and you authorise us to charge your chosen payment provider for any
such amounts upon placing your order. We reserve the right to correct any
errors or mistakes in pricing, even if we have already requested or received
payment. We reserve the right to refuse any order placed through the
Services. We may, in our sole discretion, limit or cancel quantities
purchased per person, per household, or per order. These restrictions may
include orders placed by or under the same customer account, the same
payment method, and/or orders that use the same billing or shipping address.
We reserve the right to limit or prohibit orders that, in our sole
judgement, appear to be placed by dealers, resellers, or distributors.
5. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew unless cancelled.
You consent to our charging your payment method on a recurring basis without
requiring your prior approval for each recurring charge, until such time as
you cancel the applicable order. The length of your billing cycle is annual.
Cancellation
To cancel your subscription, head over to
http://www.STRIPELINKHERE.com
Your cancellation will take effect at the end of the current paid term. If
you have any questions or are unsatisfied with our Services, please email us
at
support@e-duck.net
.
Fee Changes
We may, from time to time, make changes to the subscription fee and will
communicate any price changes to you in accordance with applicable law.
6. SOFTWARE
We may include software for use in connection with our Services. If such
software is accompanied by an end user licence agreement ('EULA'), the terms
of the EULA will govern your use of the software. If such software is not
accompanied by a EULA, then we grant to you a non-exclusive, revocable,
personal, and non-transferable licence to use such software solely in
connection with our services and in accordance with these Legal Terms. Any
software and any related documentation is provided 'AS IS' without warranty
of any kind, either express or implied, including, without limitation, the
implied warranties of merchantability, fitness for a particular purpose, or
non-infringement. You accept any and all risk arising out of use or
performance of any software. You may not reproduce or redistribute any
software except in accordance with the EULA or these Legal Terms.
7. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for
which we make the Services available. The Services may not be used in
connection with any commercial endeavours except those that are specifically
endorsed or approved by us. As a user of the Services, you agree not to:
-
Systematically retrieve data or other content from the Services to
create or compile, directly or indirectly, a collection, compilation,
database, or directory without written permission from us.
-
Trick, defraud, or mislead us and other users, especially in any attempt
to learn sensitive account information such as user passwords.
-
Circumvent, disable, or otherwise interfere with security-related
features of the Services, including features that prevent or restrict
the use or copying of any Content or enforce limitations on the use of
the Services and/or the Content contained therein.
-
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the
Services.
-
Use any information obtained from the Services in order to harass,
abuse, or harm another person.
-
Make improper use of our support services or submit false reports of
abuse or misconduct.
-
Use the Services in a manner inconsistent with any applicable laws or
regulations.
- Engage in unauthorised framing of or linking to the Services.
-
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital letters
and spamming (continuous posting of repetitive text), that interferes
with any party’s uninterrupted use and enjoyment of the Services or
modifies, impairs, disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of the Services.
-
Engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools.
-
Delete the copyright or other proprietary rights notice from any
Content.
-
Attempt to impersonate another user or person or use the username of
another user.
-
Upload or transmit (or attempt to upload or to transmit) any material
that acts as a passive or active information collection or transmission
mechanism, including without limitation, clear graphics interchange
formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar
devices (sometimes referred to as 'spyware' or 'passive collection
mechanisms' or 'pcms').
-
Interfere with, disrupt, or create an undue burden on the Services or
the networks or services connected to the Services.
-
Harass, annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Services to you.
-
Attempt to bypass any measures of the Services designed to prevent or
restrict access to the Services, or any portion of the Services.
-
Copy or adapt the Services' software, including but not limited to
Flash, PHP, HTML, JavaScript, or other code.
-
Except as permitted by applicable law, decipher, decompile, disassemble,
or reverse engineer any of the software comprising or in any way making
up a part of the Services.
-
Except as may be the result of standard search engine or Internet
browser usage, use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility, scraper,
or offline reader that accesses the Services, or use or launch any
unauthorised script or other software.
-
Use a buying agent or purchasing agent to make purchases on the
Services.
-
Make any unauthorised use of the Services, including collecting
usernames and/or email addresses of users by electronic or other means
for the purpose of sending unsolicited email, or creating user accounts
by automated means or under false pretences.
-
Use the Services as part of any effort to compete with us or otherwise
use the Services and/or the Content for any revenue-generating endeavour
or commercial enterprise.
8. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in blogs,
message boards, online forums, and other functionality, and may provide you
with the opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or on the
Services, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information or
other material (collectively, 'Contributions'). Contributions may be
viewable by other users of the Services and through third-party websites. As
such, any Contributions you transmit may be treated as non-confidential and
non-proprietary. When you create or make available any Contributions, you
thereby represent and warrant that:
-
The creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
-
You are the creator and owner of or have the necessary licences, rights,
consents, releases, and permissions to use and to authorise us, the
Services, and other users of the Services to use your Contributions in
any manner contemplated by the Services and these Legal Terms.
-
You have the written consent, release, and/or permission of each and
every identifiable individual person in your Contributions to use the
name or likeness of each and every such identifiable individual person
to enable inclusion and use of your Contributions in any manner
contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
-
Your Contributions are not unsolicited or unauthorised advertising,
promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation.
-
Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libellous, slanderous, or otherwise objectionable (as
determined by us).
-
Your Contributions do not ridicule, mock, disparage, intimidate, or
abuse anyone.
-
Your Contributions are not used to harass or threaten (in the legal
sense of those terms) any other person and to promote violence against a
specific person or class of people.
-
Your Contributions do not violate any applicable law, regulation, or
rule.
-
Your Contributions do not violate the privacy or publicity rights of any
third party.
-
Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being
of minors.
-
Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or
physical handicap.
-
Your Contributions do not otherwise violate, or link to material that
violates, any provision of these Legal Terms, or any applicable law or
regulation.
Any use of the Services in violation of the foregoing violates these Legal
Terms and may result in, among other things, termination or suspension of
your rights to use the Services.
9. CONTRIBUTION LICENCE
By posting your Contributions to any part of the Services, you automatically
grant, and you represent and warrant that you have the right to grant, to us
an unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and licence to
host, use, copy, reproduce, disclose, sell, resell, publish, broadcast,
retitle, archive, store, cache, publicly perform, publicly display,
reformat, translate, transmit, excerpt (in whole or in part), and distribute
such Contributions (including, without limitation, your image and voice) for
any purpose, commercial, advertising, or otherwise, and to prepare
derivative works of, or incorporate into other works, such Contributions,
and grant and authorise sublicences of the foregoing. The use and
distribution may occur in any media formats and through any media channels.
This licence will apply to any form, media, or technology now known or
hereafter developed, and includes our use of your name, company name, and
franchise name, as applicable, and any of the trademarks, service marks,
trade names, logos, and personal and commercial images you provide. You
waive all moral rights in your Contributions, and you warrant that moral
rights have not otherwise been asserted in your Contributions. We do not
assert any ownership over your Contributions. You retain full ownership of
all of your Contributions and any intellectual property rights or other
proprietary rights associated with your Contributions. We are not liable for
any statements or representations in your Contributions provided by you in
any area on the Services. You are solely responsible for your Contributions
to the Services and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding
your Contributions. We have the right, in our sole and absolute discretion,
(1) to edit, redact, or otherwise change any Contributions; (2) to
re-categorise any Contributions to place them in more appropriate locations
on the Services; and (3) to pre-screen or delete any Contributions at any
time and for any reason, without notice. We have no obligation to monitor
your Contributions.
10. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services
for violations of these Legal Terms; (2) take appropriate legal action
against anyone who, in our sole discretion, violates the law or these Legal
Terms, including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse,
restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to
remove from the Services or otherwise disable all files and content that are
excessive in size or are in any way burdensome to our systems; and (5)
otherwise manage the Services in a manner designed to protect our rights and
property and to facilitate the proper functioning of the Services.
11. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy:
forms-integrations.e-duck.net/privacy
. By using the Services, you agree to be bound by our Privacy Policy, which
is incorporated into these Legal Terms. Please be advised the Services are
hosted in Finland and global. If you access the Services from any other
region of the world with laws or other requirements governing personal data
collection, use, or disclosure that differ from applicable laws in Finland
and global, then through your continued use of the Services, you are
transferring your data to Finland and global, and you expressly consent to
have your data transferred to and processed in Finland and global. Further,
we do not knowingly accept, request, or solicit information from children or
knowingly market to children. Therefore, in accordance with the U.S.
Children’s Online Privacy Protection Act, if we receive actual knowledge
that anyone under the age of 13 has provided personal information to us
without the requisite and verifiable parental consent, we will delete that
information from the Services as quickly as is reasonably practical.
12. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that
any material available on or through the Services infringes upon any
copyright you own or control, please immediately notify us using the contact
information provided below (a 'Notification'). A copy of your Notification
will be sent to the person who posted or stored the material addressed in
the Notification. Please be advised that pursuant to applicable law you may
be held liable for damages if you make material misrepresentations in a
Notification. Thus, if you are not sure that material located on or linked
to by the Services infringes your copyright, you should consider first
contacting an attorney.
13. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the
Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING
CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR
DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited
from registering and creating a new account under your name, a fake or
borrowed name, or the name of any third party, even if you may be acting on
behalf of the third party. In addition to terminating or suspending your
account, we reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress.
14. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the
Services at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on our
Services. We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may
experience hardware, software, or other problems or need to perform
maintenance related to the Services, resulting in interruptions, delays, or
errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Services at any time or for any reason
without notice to you. You agree that we have no liability whatsoever for
any loss, damage, or inconvenience caused by your inability to access or use
the Services during any downtime or discontinuance of the Services. Nothing
in these Legal Terms will be construed to obligate us to maintain and
support the Services or to supply any corrections, updates, or releases in
connection therewith.
15. GOVERNING LAW
These Legal Terms are governed by and interpreted following the laws of
Finland, and the use of the United Nations Convention of Contracts for the
International Sales of Goods is expressly excluded. If your habitual
residence is in the EU, and you are a consumer, you additionally possess the
protection provided to you by obligatory provisions of the law in your
country to residence. E-duck and yourself both agree to submit to the
non-exclusive jurisdiction of the courts of Pirkanmaa, which means that you
may make a claim to defend your consumer protection rights in regards to
these Legal Terms in Finland, or in the EU country in which you reside.
16. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or
claim related to these Legal Terms (each a 'Dispute' and collectively, the
'Disputes') brought by either you or us (individually, a 'Party' and
collectively, the 'Parties'), the Parties agree to first attempt to
negotiate any Dispute (except those Disputes expressly provided below)
informally for at least thirty (30) days before initiating arbitration. Such
informal negotiations commence upon written notice from one Party to the
other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to these
Legal Terms shall be determined by one arbitrator who will be chosen in
accordance with the Arbitration and Internal Rules of the European Court of
Arbitration being part of the European Centre of Arbitration having its seat
in Strasbourg, and which are in force at the time the application for
arbitration is filed, and of which adoption of this clause constitutes
acceptance. The seat of arbitration shall be Tampere, Finland. The language
of the proceedings shall be Finnish or English. Applicable rules of
substantive law shall be the law of Finland.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by law, (a)
no arbitration shall be joined with any other proceeding; (b) there is no
right or authority for any Dispute to be arbitrated on a class-action basis
or to utilise class action procedures; and (c) there is no right or
authority for any Dispute to be brought in a purported representative
capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above
provisions concerning informal negotiations binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity of, any
of the intellectual property rights of a Party; (b) any Dispute related to,
or arising from, allegations of theft, piracy, invasion of privacy, or
unauthorised use; and (c) any claim for injunctive relief. If this provision
is found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to
be illegal or unenforceable and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for jurisdiction above, and
the Parties agree to submit to the personal jurisdiction of that court.
17. CORRECTIONS
There may be information on the Services that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability,
and various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the
Services at any time, without prior notice.
18. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT
YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT
OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES
AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE
OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR
SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
19. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST
REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE
SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO
YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL
AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING
THE twelve (12) mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION
ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
20. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents,
partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses, made by
any third party due to or arising out of: (1) your Contributions; (2)
use of the Services; (3) breach of these Legal Terms; (4) any breach of your
representations and warranties set forth in these Legal Terms; (5) your
violation of the rights of a third party, including but not limited to
intellectual property rights; or (6) any overt harmful act toward any other
user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to
assume the exclusive defence and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense, with
our defence of such claims. We will use reasonable efforts to notify you of
any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
21. USER DATA
We will maintain certain data that you transmit to the Services for the
purpose of managing the performance of the Services, as well as data
relating to your use of the Services. Although we perform regular routine
backups of data, you are solely responsible for all data that you transmit
or that relates to any activity you have undertaken using the Services. You
agree that we shall have no liability to you for any loss or corruption of
any such data, and you hereby waive any right of action against us arising
from any such loss or corruption of such data.
22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms
constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and
other communications we provide to you electronically, via email and on the
Services, satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES,
AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SERVICES. You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which
require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means other than
electronic means.
23. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the
Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing at 1625 North Market
Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)
952-5210 or (916) 445-1254.
24. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the
Services or in respect to the Services constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any
right or provision of these Legal Terms shall not operate as a waiver of
such right or provision. These Legal Terms operate to the fullest extent
permissible by law. We may assign any or all of our rights and obligations
to others at any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our reasonable
control. If any provision or part of a provision of these Legal Terms is
determined to be unlawful, void, or unenforceable, that provision or part of
the provision is deemed severable from these Legal Terms and does not affect
the validity and enforceability of any remaining provisions. There is no
joint venture, partnership, employment or agency relationship created
between you and us as a result of these Legal Terms or use of the Services.
You agree that these Legal Terms will not be construed against us by virtue
of having drafted them. You hereby waive any and all defences you may have
based on the electronic form of these Legal Terms and the lack of signing by
the parties hereto to execute these Legal Terms.
25. CONTACT US
In order to resolve a complaint regarding the Services or to receive further
information regarding use of the Services, please contact us at:
E-duck
Peltovainionkatu 4 c 19
Tampere 33400
Finland
support@e-duck.net