Terms & Conditions

Last Updated: December 12, 2014

PrDuck (“we”, “us” and terms of similar meaning) provides this web site and our service (“Service”) to you subject to these terms and conditions of use (these “Terms”). Please read these Terms carefully before using the Service. By accessing or using the Service or by merely browsing the Service you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Service. This Service is not intended to be used by children. You must be at least of the age of majority to use this Service.

In these Terms, our customers and their staff members to whom they give “staff” access to their PrDuck account are called “Subscribers.” In these Terms users of the Service, whether they are Subscribers, members of our forums, people who post comments on the PrDuck blog, or casual browsers of the Service, are called “Users”. All services that can be purchased by You under an Order Form, as distinguished from those provided freely available and freely accessible, are called “Purchasable Services.”

In these Terms the content on the Service, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”. Content provided by you or your Staff, whether they are Subscribers or other Users, is called “Your Content”. Your Content submitted to the Purchasable Services is called “Your Application Data.” For example, data about Products submitted by you is Your Application Data, copies of communications between you and Contacts is Your Application Data, and Content that you enter into the PrDuck forum or that you enter as a comment on the PrDuck blog is Your Content.

PrDuck reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Service, at any time and in its sole discretion. If you do not agree with the changes, you can cancel your account with us without further obligation, except for the amount due for the balance of the billing period in which you cancel your account (if your billing period is monthly, we will prorate your account to the nearest month-end after cancellation). Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Service, and your continued use of the Service after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Service. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using the Service. If you have any questions about the Terms, please email us at hello[at]PrDuck.com. The services we provide are for your own use only. You may not resell, lease or provide them in any other way to anyone else.

1. Privacy Policy

Please refer to PrDuck’s privacy policy for information on the privacy of Your Content . By using the Service you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.

2. Registration Data; Account Security

If you register for an account on the Service, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Service (”Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to PrDuck, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to PrDuck. You are responsible for all activity on your PrDuck account, and for all charges incurred by your PrDuck account.

3. Fees; Charges; Taxes

Fees and any other charges for the use of the Service are described on our website. They may change from time to time. If we change the fees for products that you subscribe to, we will give you at least 30 days’ notice. If they do change, your continued use of the Service after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs. You are responsible for all taxes applicable to the fees in any applicable jurisdiction.

4. Ownership, Copyright and Trademarks

Your Application Data is your property. You exclusively own all rights, title and interest in and to all Your Application Data. PrDuck’s only right to the remainder of Your Content is the limited licenses to it granted in these Terms. Those licenses are described in Section 5 of these Terms. Section 5 does not apply to Your Application Data.

Other than Your Content, all Content, the Service and all software used to create and operate the Service is the property of PrDuck or its licensors, and is protected by international copyright laws, and all rights to the Service, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by PrDuck.

Your Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage Your Content may cause to other people. Although we have no obligation to do so, with the exception of your Application Data, we have the absolute discretion to remove, screen or edit without notice any of Your Content posted or stored on the Service, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any of Your Content you post or store on the Service.

5. Your Limited License of Your User Content to PrDuck

We do not claim any ownership interest or rights to Your Application Data. We do not claim any ownership interest in the remainder of Your Content, but we do need the right to use it to the extent necessary to operate the Service now and in the future. For example, if you leave comments on the PrDuck blog or posts on the PrDuck forum, we need your license to display Your Content on the Service, and we need the right to sublicense Your Content to our other Users so that they can view it.

Therefore,with the exception of Your Application Data, by posting or distributing User Content to or through the Service, you (a) grant PrDuck and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from Your Content, in the manner in and for the purposes for which the Service from time to time uses such Content; (b) represent and warrant that (i) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that Content, to or through the Service; and (ii) the use and posting or other transmission of such Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity. If Your Content is intended for the use of other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such Content to such Users for their use in connection with their use of the Service.

These licenses from you are non-exclusive because you have the right to use Your Content elsewhere. They are royalty-free because we are not required to pay you for the use of Your Content. And they are transferable because we need the right to transfer these licenses to any successor operator of the Service. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Service does this to Your Content when it processes it for use in the Service.

6. Our Limited License of Content to You

PrDuck grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Service and to view, copy and print the portions of the Content available to you on the Service. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print such portions of the Content for your own use; (ii) you may not modify or otherwise make derivative works of the Service or the Content, or reproduce, distribute or display the Service or any Content (except for page caching) except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; and (v) you may not use the Service or the Content other than for its intended purpose.

Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by PrDuck at any time.

You represent and warrant that your use of the Service and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.

To request permission for uses of Content not included in this license, you may contact PrDuck at the address set out at the bottom of these Terms.

7. Use of Interactive Areas and the Service

The Service may expand over time to contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews or other content, messages, materials or other items (”Interactive Areas”). If PrDuck provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. Your Content submitted to any public area of the Service will be considered non-confidential. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Service any of the following: Any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; Unsolicited promotions, political campaigning, advertising or solicitations; Private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use; Viruses, corrupted data or other harmful, disruptive or destructive files; Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or Content that, in the sole judgment of PrDuck, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas, or which may expose PrDuck or its affiliates or its users to any harm or liability of any type.

Finally, PrDuck has a “zero-tolerance” policy towards SPAM: you may not use the Interactive Areas or the Service generally to send commercial or other messages to any third-party if those messages are not solicited, authorized or welcomed by the third-party, and in your use of the Service you must comply with all applicable laws, including laws that apply in any jurisdiction to SPAM and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices.

Any use of the Interactive Areas or other portions of the Service in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Service.

8. Providing a Reliable and Secure Service

If you have spent any time reviewing the Service, you will hopefully have noticed that we take reliability and security seriously. We put a great deal of effort into ensuring that our service operates all the time, and that it is a secure environment for your data. We use what we believe to be reliable hosting services and security technologies and services that we believe provide you with a secure and safe environment. For example, PrDuck does not store credit card numbers. We rely on a secure processor who is PCI Data Security Standard compliant. When you transmit your credit card information to the Service, it is protected by128 bit SSL certificates.

However, no system is perfectly secure or reliable, the Internet is an inherently insecure medium, and the reliability of hosting services, internet intermediaries, your internet service provider, and other service providers cannot be assured. When you use PrDuck, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability.

9. Links to Other Sites

The Service may contain links to third-party Web sites (”Third-Party Sites”) and third-party content (”Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content or service provided there at your own risk. PrDuck does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. PrDuck provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply PrDuck’ endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. PrDuck accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Service. When you leave the Service, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

10. Advertisements and Promotions

PrDuck may run advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than PrDuck, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. PrDuck is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers.

11. Warranty Disclaimer

The Service is provided to you on an “as is” basis without warranties from PrDuck of any kind, either express or implied. PrDuck expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. PrDuck does not represent or warrant that Content is accurate, complete, reliable, current or error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of the Service, the Content or any portion thereof. While PrDuck attempts to make your access to and use of the Service safe, PrDuck does not represent or warrant that the Service or any Content are free of viruses or other harmful components.

12. Limitation of Liability; Indemnity

You waive and shall not assert any claims or allegations of any nature whatsoever against PrDuck, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Service or the Content, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Service. You use the Service at your own risk.

Without limitation of the foregoing, neither PrDuck nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Service or the Content, including without limitation any damages caused by or resulting from your reliance on the Service or other information obtained from PrDuck or any other Released Party or accessible via the Service, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to PrDuck or any other Released Party’s records, programs or Services.

In no event shall the aggregate liability of PrDuck, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Service exceed any compensation paid by you for access to or use of the Service during the three months prior to the date of any claim.

You shall defend, indemnify and hold harmless PrDuck and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Service, and if you are a Subscriber, and from the use of the Service by any person to whom you give access to your account (including as staff), including any claims made by any person that any of Your Content infringes the rights, including the intellectual property rights, of any third party.

13. Communications

Notices that we give you may be provided in any of the following ways. First, we may email you at the contact information you provide in your Registration Data. Second, we may post a notice to Subscribers in the dashboard area of your account on the Service. Third, we may post the notice elsewhere on our website. It is your responsibility to periodically review the Site for notices.