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CONDITIONS OF USE
last update - 5.27.2007
Smart Duck Publishing provides its products and services to users, subject to the conditions of use set forth below.
PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS BEFORE USING SMART DUCK PUBLISHING SERVICES. USE OF SMART DUCK PUBLISHING PRODUCTS AND SERVICES CONSTITUTES YOUR ACCEPTANCE OF ALL SUCH NOTICES, TERMS AND CONDITIONS.
If you do not agree with these terms and conditions, you should not use our services. We may update this "Conditions of Use" from time to time without prior notice by posting new or revised terms of use policies and other documents on the Smart Duck Publishing web site. Continued usage of our services after portions of the "Conditions of Use" are updated and displayed in general on the website means you have accepted all modified terms for continuing usage of our service.
1. Description of Service - Smart Duck Publishing provides reader software and content which plays on the reader. Unless explicitly stated otherwise, any new features that augment or enhance the current Product, shall be subject to the Conditions of Use.
2. Terminations of an Account - Smart Duck Publishing has a no-tolerance policy with respect to piracy of the service. If at any time, Smart Duck Publishing finds that you are sharing or distributing your account, we reserve the right to permanently bar you and your computers from accessing any Smart Duck Publishing services. You agree that any termination of your account may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files, and/or bar any further access to such files.
3. Links to Third-Party Sites - Smart Duck Publishing may provide, or third parties may provide, links to other World Wide Web sites or other Internet resources. Any third-party sites to which the Smart Duck Publishing's site may link are not under control of Smart Duck Publishing. Smart Duck Publishing does not have any responsibility or liability for any information, contents, communications or materials available on such third-party sites.
4. Applicable Law - 1. This document as well as all disputes arising out of or in connection with this terms shall be governed by the laws of the State of California, without regard to or application of choice of law rules or principles. 2. Any dispute arising out of or in connection with this document, or in future agreements resulting there from, shall be exclusively resolved before the competent court in the State of California, USA.
5. Special Admonitions for International Use - Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding copyright
6. Indemnification - Users agree to indemnify and hold Smart Duck Publishing, and its artists, authors, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Conditions of Use, or your violation of any rights of another.
7. No Resale of Service - None of Smart Duck Publishing's users is allowed to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
8. Modifications to or Suspension of Service - Smart Duck Publishing reserves the right to modify or discontinue the Service temporarily or permanently, at any time, with or without notice. Smart Duck Publishing will attempt to provide reasonable notice of such changes to the services or the site.
9. Smart Duck Publishing's Proprietary Rights - The Smart Duck Publishing name, the Smart Duck Publishing logo, and other Smart Duck Publishing related properties are trademarks of Smart Duck Publishing.
10. Payment and Fees - Smart Duck Publishing reserves the right to change fees for the use of its service. Smart Duck Publishing will notify you of any modified conditions regarding such fees by posting information on the site. You are responsible for paying any applicable taxes and for all hardware, software, service and other costs incurred in connecting to the service via the Internet.
11. Disclaimer of Warranties - The service, content or other data of any kind or nature made available at the site are provided "AS IS", and "AS AVAILABLE" basis or at the specific providers own terms. All representations and warranties, either express or implied are disclaimed, including but not limited, warranties of title, non-infringement, merchantability or fitness for a particular purpose. Smart Duck Publishing makes no warranty, representation or guarantee as to the content, accuracy, timeliness or completeness of the site or the information or that the information may be relied upon for any reason. Any material downloaded through the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of any such material. Sharing storybooks is done at your own discretion and you are solely responsible for any issues that arise from the unauthorized creation of new accounts.
12. Limitation of Liability - You understand and agree that Smart Duck Publishing shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
13. Notice - The Service may provide notices of changes to this Conditions of Use or other matters by displaying notices or links to notices to you generally on the Service. You are obliged to update your knowledge hereto continuously. Lack of knowledge does not imply that you do not accept these terms.
14. Miscellaneous - 1. These Conditions of Use constitute the entire understanding of you and Smart Duck Publishing with respect to the subject matter hereof. There are no understandings, agreements, conditions or representations, oral or written, express or implied, with reference to the subject matter hereof that are not merged herein, expressly referenced herein, or superseded hereby. 2. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. 3. The failure or delay of Smart Duck Publishing to exercise or enforce any rights or provision of the Conditions of Use may not constitute a waiver of such right or provision. 4. All provisions which must survive in order to give effect to their meaning, shall survive any expiration or termination of these Conditions of Use, including without limitation all of your representations, warranties and indemnification obligations. 5. Should any part of these Conditions of Use be held invalid by any court or tribunal, such invalidity shall not affect the validity of any remaining part, which will remain in full force and effect as if these Conditions of Use had been executed without that part having been held to be invalid.
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