Lucky Duck Auctions Terms and Conditions of Use
Welcome to the Lucky Duck Auctions. (“Lucky Duck Auctions”, “we”, “our” or “us”). Please review the following basic terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by the terms and conditions set forth hereafter (the “Conditions”).
We may change the terms that govern your use of our Site at our sole discretion. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to our Site from time to time.
1. Intellectual Property
Unless otherwise noted, all materials, including illustration, images, icons, designs, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the “Contents”) are trademarks, copyrights, trade dress and/or other intellectual property owned, controlled or licensed by Lucky Duck Auctions. The Contents and Site as a whole is protected by copyright and trade dress rights. All worldwide rights, title and interests are reserved. The Contents of our site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our Site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded software or materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), transmit, publish, distribute, modify, display, create derivative works from, sell or participate in any sale of, or exploit in any manner, in whole or in part, any of the Contents, the Site, or any related software.
2. User Generated Content
By sending, posting, distributing, or displaying any message (including emails), comment, data, text, music, information, sound, graphics, photos or other content (collectively, the “User Generated Content”) to the Site, you (i) grant, and represent and warrant that you have the right to grant, to Lucky Duck Auctions a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid and sub-licenseable right to use, modify, adapt reproduce, translate, publish, distribute, create derivative works from, and publicly display and perform, the User Generated Content throughout the world; (ii) grant Lucky Duck Auctions and its affiliates and sub-licensees the right to use the name that you submit in connection with such User Generated Content; and (iii) represent and warrant that (a) you own and control all of the rights to the User Generated Content that you distribute or otherwise post on the Site, or you otherwise have the lawful right to distribute and post such User Generated Content to or through the Site; (b) such User Generated Content is accurate and not misleading; and (c) use and posting or other transmission of such User Generated Content does not violate these Conditions and will not violate any rights of, or cause injury to, any person or entity. You further grant Lucky Duck Auctions the right to pursue at law any person(s) or entity(ies) that violates your or our rights in the User Generated Content by a breach of these Conditions.
User Generated Content submitted by users is deemed non-confidential and Lucky Duck Auctions is under no obligation to treat such User Generated Content as a trade secret and/or proprietary information. Without limiting the foregoing, we reserve the right, in our sole discretion, to use the User Generated Content as we deem appropriate, including, without limitation, deleting, modifying, editing, rejecting and/or refusing to post it. Lucky Duck Auctions is under no obligation to offer you any payment or any other type of compensation for User Generated Content or to attribute authorship of any of the User Generated Content to you. If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the User Generated Content, you hereby agree that (a) you do not require that any personally identifying information be used in connection with the User Generated Content, or any derivative works of, or upgrades or updates thereto; (b) you do not oppose the publication, modification, use, exploitation, modification, and/or deletion of the User Generated Content by Lucky Duck Auctions or our agents; (c) you waive and will not claim or assert any entitlement to any moral rights of an author in any of the User Generated Content; and (d) you hereby release Lucky Duck Auctions from any and all claims that you could otherwise assert against Lucky Duck Auctions by virtue of any moral rights.
b. Use of Bulletin Boards, Chat Rooms and Other Interactive Site Areas
The Site may contain blogs, forums, bulletin boards or other interactive areas in which you or third parties may post messages, materials, content, or other items on the Site (collectively, the “Interactive Site Areas”). If Lucky Duck Auctions provides such Interactive Site Areas, you are solely responsible for your use of such Interactive Site Areas and use them at your own risk. By way of example, and not as a limitation, you agree that when using any of the Interactive Site Areas, you will not transmit, upload, post, distribute, create, store or otherwise publish any of the following:
(i). Material that is sexually explicit, violent, unlawful, derogatory, libelous, obscene, defamatory, pornographic, lewd, indecent, harassing, threatening, an invasion of another individual’s privacy or publicity rights, inflammatory, fraudulent, abusive or otherwise objectionable;
(ii). Material that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any group or individual, or that otherwise creates liability or violates any local, state, national or international law;
(iii) Material that promotes illegal drug use, tobacco or firearms use;
(iv) Material that may infringe any trademark, patent, trade secret, copyright or other intellectual or proprietary right of any party;
(v) Material that uses the names or likenesses of persons living or dead without their permission or that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
(vi) Names, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or other personally identifiable information of you or someone else;
(vii) Corrupted data, viruses or other harmful, destructive or disruptive files;
(viii) Material that communicates messages which are inconsistent with the positive good will and mission of Lucky Duck Auctions; or
(ix) Material that, in the sole judgment of Lucky Duck Auctions, is objectionable, or which may expose Lucky Duck Auctions or its Site users to any harm.
Lucky Duck Auctions assumes no liability for and takes no responsibility for any User Generated Content stored, posted, or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, slander, defamation, libel, falsehoods, omissions, obscenity, pornography or profanity you may encounter. As a provider of the Interactive Site Areas, we are not liable for any representations, statements or User Generated Content provided by its users on this Site. Although Lucky Duck Auctions has no obligation to edit, monitor or screen any of the User Generated Content posted to or distributed through any Interactive Site Area, we reserve the right, and have the sole discretion, to remove without notice any User Generated Content posted or stored on the Site.
Any use of the Site, including the Interactive Site Areas, in violation of these Conditions may result in termination or suspension by us of your permission to use the Site.
c. Comments and Submissions
Anything that you submit or post to the Site and/or provide us, including, without limitation, feedback, reviews, suggestions, comments, ideas and/or questions (collectively, the “Comments”) is and will be treated as non-confidential and non-proprietary, and Lucky Duck Auctions shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to copy, distribute, publish sell, lease, use, display, perform, transmit, adapt, create derivative works from such Comments by any means and in any form, and to modify, disassemble, translate, reverse-engineer, or decompile such Comments. All Comments shall automatically become the sole and exclusive property of Lucky Duck Auctions and shall not be returned to you. Lucky Duck Auctions is and shall be under no obligation to (i) pay any fee or other compensation for any Comments nor (ii) respond to any Comments.
You acknowledge and agree that no Comments submitted by you to the Site will violate any right of any third party, including, but not limited to, privacy, copyright, trademark, or other personal or proprietary right(s). You further acknowledge and agree that no Comments submitted by you to the Site will be or contain abusive, libelous or otherwise unlawful or obscene material. You are and shall remain solely responsible for the content of any Comments you make on our Site.
3. Product Display
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your computer monitor, we cannot guarantee that your monitor’s display of any color or texture or detail of actual merchandise will be accurate.
4. Product Availability & Pricing
Our products displayed at the Site are available through our Site while supplies last. In some cases, merchandise displayed for sale on the Site may not be available for immediate purchase and/or shipment. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.
In the event one of our products is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Lucky Duck Auctions shall further have the right to cancel or refuse any such orders whether or not the order has been confirmed and your credit card has already been charged. If your credit card has already been charged for the purchase of such product and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the incorrect price.
5. Links to Other Web Sites and Services
This Site may contain links to outside services and resources. You acknowledge that (i) we are not responsible for the contents of any linked site or any link contained in a linked site, or any updates or changes to such sites; and (ii) we are not responsible for any other form of transmission received from any linked site. Lucky Duck Auctions is providing these links to you only as a convenience, and the inclusion of any link does not in any way imply endorsement by us of the site. Any concerns you may have regarding any such link should be directed to the particular third party website.
THIS SITE AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, LUCKY DUCK AUCTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LUCKY DUCK AUCTIONS DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. LUCKY DUCK AUCTIONS DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. LUCKY DUCK AUCTIONS RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER). WE APOLOGIZE FOR ANY INCONVENIENCE THIS MAY CAUSE YOU. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability
IN NO EVENT SHALL LUCKY DUCK AUCTIONS OR ANY OF OUR AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT RESULT FROM (I) THE USE OF, OR INABILITY TO USE, THE SITE; (II) THE PERFORMANCE OF THE SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE; OR (III) THE CONDUCT OF OTHER USERS OF THE SITE, EVEN IF LUCKY DUCK AUCTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR ONLY REMEDY AGAINST LUCKY DUCK AUCTIONS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE. THAT SAID, IF LUCKY DUCK AUCTIONS IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT, LUCKY DUCK AUCTIONS’S LIABILITY SHALL IN NO EVENT EXCEED US$ 50.00. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold us harmless from and against any and all damages, claims, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use of the Site or any claim by a third party that your Comments infringe the third party’s rights.
Unless otherwise specified and except to the extent Lucky Duck Auctions products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting Lucky Duck Auctions’s products and services available in the United States. This Site is maintained by our Webmasters and any questions regarding the operation and maintenance of this Site should be made to LuckyDuckAuctions@gmail.com. If any portion of these Conditions is held to be invalid and unenforceable, the invalid or unenforceable portion shall be modified in accordance with applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of the Conditions shall remain in full force and effect. The failure of Lucky Duck Auctions to insist upon or enforce strict performance by you of any provision of these Conditions shall not be construed as a waiver of any provision or right herein.
10. Choice of Law
These Conditions shall be construed in accordance with the laws of the State of Ohio, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Ohio, County of Lucas and/or the Northern District of Ohio.