Terms & Conditions

Terms & Conditions

Use for Ducks in the Window’s Website

Ducks in the Window maintains the website www.ducksinthewindow.com (this “website”) as a service to the Internet community. The website has been designed to provide general information about Ducks in the Window and its products. Read the Terms and Conditions of Use (“Terms”) carefully before using this website. By using and or visiting this website, you signify your assent to both these Terms and the terms and conditions of Ducks in the Window's Privacy Policy, which are published and are incorporated herein by reference. If you do not agree to these terms, do not use this website.

The information on this website is provided solely on an “AS IS” and “AS AVAILABLE” basis. Access and use of the Website is subject to the terms and conditions set forth herein and all applicable laws, statutes, and/or regulations.

Ducks in the Window may revise or modify these Terms from time to time. Such changes, revisions or modifications shall be effective immediately upon notice to you, which may be given by any means, including, without limitation, posting on the Ducks in the Window website. If you disagree with the Terms, your sole remedy is to discontinue your use of this website. Any use of this website by you after such notice shall be deemed to constitute acceptance of the changes.

Ducks in the Window will use reasonable efforts to include accurate and up-to-date information on the Website, however, any information presented on the websites as of a particular date may only be accurate as of such date and Ducks in the Window disclaims any responsibility to update such information. Information about companies other than Ducks in the Window contained in news, press releases, or otherwise that are posted on the Website should not be relied upon as being provided or endorsed by Ducks in the Window.

You must exercise caution, good sense and sound judgment in using this website. You are prohibited from violating, or attempting to violate, the security of this website. Any such violations may result in criminal and/or civil penalties against you. Ducks in the Window will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

You also agree to promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to this websites by emailing us. In addition, if signed into your account, you agree to exit from your account at the end of each session. We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.

In using this website, you agree not to:

Send or otherwise transmit to or through this websites or to us through email any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to this websites or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
Misrepresent your identity or affiliation in any way;
Use this websites to disclose or obtain another’s personal information, or collect information about users of this website;
Gain unauthorized access to this website, or assist others to gain unauthorized access, or to disclose users’ names or personally identifiable information, or to gain or provide unauthorized access to other computers or websites connected or linked to this website;
Launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access this websites in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
Send or otherwise transmit to or through this websites or to us through email chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, messages marketing or advertising goods and services; Transmit or otherwise make available any virus, worm, spyware, or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
Violate any applicable laws or regulations or these Terms;
Assist or permit any persons in engaging in any of the activities described above. ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DUCKS IN THE WINDOW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. Ducks in the Window makes no warranty as to the accuracy, completeness, currency or reliability of any content available through this website. You are responsible for verifying any information before relying on it. Use of the website and the content available on the website is at your sole risk. Ducks in the Window makes no representations or warranties that use of the website will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you obtain from the website is free of viruses. You agree to indemnify, defend, and hold Ducks in the Window and its owners, employees, agents, and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms; or (ii) your activities in connection with this website. It is the policy of Ducks in the Window to enforce its intellectual property rights to the fullest extent permitted by law. All product names, regardless of whether or not they appear in large print or with a trademark symbol, are the trademarks and service marks of Ducks in the Window, its affiliates, related companies or its licensors or joint venture partners, unless otherwise noted. All content of the Ducks in the Window Website, including any images or text, is protected by U.S. and foreign copyright laws and may not be distributed, downloaded, modified, reused, reposted, or otherwise used except that you may view, use, and download a single copy of this website for your informational, non-commercial use. Except as provided herein, no part of any content or software on this website may be copied, downloaded, or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without the express written permission of Ducks in the Window. The use or misuse of Ducks in the Window’s trademarks, service marks copyrights, or other materials, except as permitted herein, is expressly prohibited and may be a violation of copyright law, trademark law, communications regulations and statutes, and other laws, statutes and/or regulations. Ducks in the Window may terminate your use of this websites or any of our features or services at any time and for any reason without notice for conduct violating these Terms. Upon any such termination, you must destroy all content obtained from this websites and all copies thereof. The provisions of these Terms concerning websites security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, and jurisdictional issues shall survive any such termination. You agree that if your use of this websites is terminated pursuant to these Terms, you will not attempt to use this websites under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you indemnify and hold us harmless from any and all liability that we may incur therefore. By choosing to visit this websites or otherwise provide information to Ducks in the Window, you agree that any dispute over your use of this Site or these Terms will be governed by the laws of the State of New York and the United States of America. You also consent to the adjudication of any disputes arising in connection with our Site in the federal and state courts. You also agree to attempt to mediate any such dispute and to abide by all limitations of liability contained herein. This website may contain forward-looking information. Such information is subject to a variety of significant uncertainties, including scientific, business, economic, and financial factors, and therefore actual results may differ significantly from those presented. Ducks in the Window’s Privacy Policy, as it may change from time to time, is a part of these terms and conditions for using the Ducks in the Window website and is incorporated herein by this Privacy Statement. Ducks in the Window reserves the right, and you authorize Ducks in the Window, to the use and assignment of all information regarding your use of this website and all information provided by you in any manner consistent with Ducks in the Window's Privacy Policy If you have any questions about these terms and conditions, please let us know.