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General

The Duck’n Out website (“Site”) and mobile device application (“App”) are owned and operated by Diskat Pty Ltd ACN 155 698 561 t/a Duck’n Out (ACN 606787955) (“the Owner” “us” “we” “our”).  This document may be amended from time to time at the Owner’s discretion and without prior notice to you.   Your continued use of the Site and App will indicate your acceptance of them.

License to You

The Site and App are provided to you through this license.  The Owner retains all ownership and proprietary rights in the Site and App and hereby grants you the non-exclusive, non-transferable, limited right to use them.  This license commences upon your acceptance of the terms and conditions and continues until termination by the Owner or you.  The Owner has the discretion to terminate your license immediately and without notice if you breach this license.  All rights not specifically granted under this Agreement are reserved by the Owner and, as applicable, its licensors.   

This limited license excludes the right to:

(a)    frame or utilize framing techniques to enclose the Site and App or any portion of the Site and App;

(b)    republish, redistribute, transmit, sell, license or download the Site and App or any and/or all Site and App content (except caching or as necessary to view the Site and App);

(c)    make any use of the Site and App or any and/or all Site and App content other than for personal use;

(d)    modify, reverse engineer or create any derivative works based upon either the Site and App or their content;

(e)    collect account information for the benefit of yourself or another party;

(f)     use any meta tags or any other hidden text utilizing any and/or all Site and App content;

 (g)   use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure or server;

(h)    download any image or content and pass it off as your own, or provide it to a third party or republish or distribute it.

Your License to the Owner. By posting, submitting or otherwise publishing any material to via the Site and App, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen years of age or older.

You grant the Owner a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute any material that you publish on the Site or App.

You hereby waive all moral rights in your content to the maximum extent permitted by law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by law.

Limitations on Linking. You may establish a hypertext link to the Site and App so long as the link does not state or imply any sponsorship of your Site and App by the Owner, which does not exist.

The Owner’s Obligations

The Owner reserves the right to make changes to the Site and App, their operation and application at any time without prior notice.  The Owner may engage a third party to provide technical assistance with the Site and App.  The Owner will take reasonable steps to ensure the ongoing effective operation and maintenance of the Site and App and take steps to repair technical issues that arise from within the Site and App within a reasonable time, insofar as the issues are of a global nature, and do not arise from individual use.

Conditions of use 

You agree to use the Site and App in accordance with these terms and conditions, in good faith and in a way so as to not bring disrepute or cause reputational or other damage to the Owner.

You agree that you will not upload or provide content on the Site and App which is:

(a)    defamatory, fraudulent, unlawful, threatening, intimidating, harassing, disrespectful, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent or degrading;

(b)    infringes the intellectual or other proprietary interests of third parties;

(c)    contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Site and App or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Site and App or otherwise breaches or encourages other users to breach these Terms;

(d)    violates any law; or

(e)    encourages or incites any other person to engage in any of the above behaviour;

You also agree that you will not :

(f)  Use technology or other means that is not authorised by the Owner to access the Site and App;

(g)    Use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access the Site and App;

(h)   Attempt to, or introduce viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of the Site and App;

(i)  Gain or attempt to gain unauthorised access to the Site and App including the network or user accounts; or

(j)  Attempt to or engage in conduct that damages, disables, overburdens, or impairs the Site and App, servers or networks.

Warranties and Indemnities. 

The Owner does not warrant that the functional aspects of the Site and App will be error free or that the Site and App, their content or the server are free of viruses or other harmful components.  The Owner maintains current anti-virus software, however to the extent provided by law, the Owner does not guarantee against third party interference.  The Owner does not warrant that the Site and App will be uninterrupted or error-free, or that Site and App or their content will be compatible with third party software or hardware.  The Owner is not liable for any default due to an act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the Owner’s reasonable control. 

You agree to indemnify, the Owner, and its partners, licensors, affiliates, contractors, officers, employees and agents for any claim arising directly or indirectly from your acts and omissions in using the Site and App pursuant to the terms of this Agreement.

Intellectual Property Rights

Diskat Pty Ltd retains all ownership rights over all intellectual property (registered or unregistered) available on the Site and App, and the Site and App content including, but not limited to, audio-visual effects, themes, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights. 

Copyright:  The Owner claims copyright over all content on the Site and App, including Blog postings, unless otherwise indicated. 

Breaches of these terms and conditions

The Owner reserves the right to take any of the following action if we reasonably suspect that a breach of this agreement has occurred:

(a) issue a formal warning;

(b) suspend or prohibit access to the Site and App;

(d) block computers using your IP address from accessing the Site and App;

(e) contact any or all your internet service providers and request that they block your access to the Site and App;

(f) take legal action against you, and

(g) suspend or delete your account on our Site and App.

If we suspend or prohibit or block your access to our Site and App or a part of our Site and App, action taken by you to circumvent suspension or prohibition or blocking will be considered as a further breach of this agreement. 

Governing Law

This agreement is governed by the laws of Victoria, Australia.

Apple App Store Additional License Terms

These license terms are in addition to all other terms of the Limited Software Warranty; License Agreement, and Information Use Disclosures. If any Software is provided to you through the Apple Inc. (“Apple”) App Store, then the following additional terms and conditions in this paragraph apply. This Agreement is solely between you and Licensor, and not with Apple. You acknowledge that Apple has no obligation to furnish any maintenance or support services to you in connection with the Software. In the event of any failure of the Software to conform to the Limited Warranty in this Agreement, you may notify Apple, and Apple will refund the purchase price (if any) for the Software. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software. Any claim in connection with the Software related to product liability, a failure to conform to applicable legal or regulatory requirements, claims under consumer protection or similar legislation or intellectual property infringement are governed by this Agreement, and Apple is not responsible for such claims. You must comply with the App Store Terms of Service, including the Usage Rules. The license to the Software is a non-transferable license to use the Software only on an iPhone, iPad or iPod touch that you own or control. You represent that you are not located in any U.S. embargoed countries or on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s list or Entity List. Apple is a third party beneficiary to this Agreement and may enforce this Agreement against you.

All other terms and conditions of the Terms and Conditions apply to your use of the Software.

Android Market Additional License Terms

These license terms are in addition to all other terms of the Limited Software Warranty; License Agreement, and Information Use Disclosures. If any Software is provided to you through the Google Play Android Market (“Google”), then the following additional terms and conditions in this paragraph apply. This Agreement is solely between you and Licensor, and not with Google. You acknowledge that Google has no obligation to furnish any maintenance or support services to you in connection with the Software. Any claim in connection with the Software related to product liability, a failure to conform to applicable legal or regulatory requirements, claims under consumer protection or similar legislation or intellectual property infringement are governed by this Agreement, and Google is not responsible for such claims. You must comply with the Google Play Terms of Service, including any usage rules.