User Agreement for Ducks Unlimited Canada’s Conservator.ca website
Please read the Terms and Conditions carefully, because when you use our site, you automatically agree to them.
Ducks Unlimited Canada (“DUC”) either owns the intellectual property rights in the underlying HTML, text, audio clips, video clips and other content that is made available to you on our website, or has obtained the permission of the owner of the intellectual property in such content to use the content on our website.
You agree not to re-use material from www.ducks.ca or from any other website operated by DUC. In particular, you agree not to copy, distribute, republish, upload, post, or transmit anything unless you get our written consent first.
There are two exceptions. As a member of the general public you may download material onto one computer for your personal, non-commercial use only, provided you don’t delete or change any copyright, trademark, or other proprietary notices. As a member of the media you may download news releases, photos, and collateral information provided for your use, provided you also don’t delete or change any copyright, trademark, or other proprietary notices, and that you adhere to good business practices regarding the use and reproduction of such material.
But please don’t modify the materials or use them for any other purpose; if you do, you’ll be violating our intellectual-property rights.
DUC grants to you a limited license to display on your computer, print, download and use the underlying HTML, text, audio clips, video clips and other content that is made available to you on our website, for non-commercial (personal or educational) purposes only, provided that:
you do not modify or misrepresent any such content; and
you include with and display on each copy of such content the associated copyright notice and this limited license.
Content authorized for release to media can also be displayed, printed, downloaded and used in keeping with the normal practices governing the release of authorized material by other means.
No other use is permitted.
That means that we retain full and complete title to the software and to all of the associated intellectual-property rights. So you’re not allowed to redistribute or sell the material — or to reverse-engineer, disassemble, or otherwise convert it to any other form that people can use. Normal exceptions regarding the reproduction and redistribution of media material would apply.
No rights, other than displays, are granted with respect to DUC trademarks. Any unauthorized use of DUC trademarks is strictly prohibited.
DUC does not warrant the quality, accuracy or completeness of any claims, statements or information on our website. Furthermore, DUC makes no representations about the suitability of any of the information contained on this website for any purpose. Such information is provided “as is” without warranty or condition of any kind. This website may include inaccuracies or typographical errors.
This disclaimer includes (but is not limited to) warranties:
That the material is of any particular level of quality or fit for a particular purpose.
That the functional elements contained in the materials will be uninterrupted or error-free.
That defects will be corrected.
That our sites or the servers that make them available are free of viruses or other harmful components.
In addition to the above, you (and not DUC) assume the entire cost of all necessary servicing, repair, or correction.
Prohibited Uses, Content and Activities
You agree not to post, submit, upload or otherwise display prohibited content on or through the Ducks Unlimited Canada Services, including, but not limited to, text, photos, illustrations, graphics, audio clips, video clips, and other music and video files (all of these things are commonly referred to as “Content”). The following is a partial list of the kind of Content that is illegal or prohibited to post submit, upload or otherwise display on or through the Ducks Unlimited Canada Services. Ducks Unlimited Canada reserves the right to investigate and take appropriate legal action against anyone who, in Ducks Unlimited Canada’s sole discretion, violates this provision, including without limitation, removing the offending communication from Ducks Unlimited Canada Services and terminating the subscription, membership, registration and/or use of such violators. Prohibited content includes, but is not limited to Content that, in the sole discretion of Ducks Unlimited Canada Services:
Is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
Harasses or advocates harassment of another person;
Exploits people in a sexual or violent manner;
Contains nudity, violence, or offensive subject matter or contains a link to an adult website;
Solicits personal information from anyone under 18;
Publicly discloses any telephone numbers, street addresses, or last names;
Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or video or links to pirated music or video files;
Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
Involves commercial activities and/or sales without Ducks Unlimited Canada’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
Includes a photograph of another person that you have posted without that person’s consent.
The following is a partial list of the kind of activity that is illegal or prohibited on the Ducks Unlimited Canada Services and through your use of the Ducks Unlimited Canada Services. Ducks Unlimited Canada reserves the right to investigate and take appropriate legal action against anyone who, in Ducks Unlimited Canada’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”);
Criminal, illegal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
Advertising to, or solicitation of, any user to buy or sell any products or services through the Ducks Unlimited Canada Services;
Exporting encryption software over the Internet or otherwise to points outside Canada;
Covering or obscuring the banner or other advertisements on your personal profile page or other page via HTML/CSS or any other means;
Any automated use of the system, such as using scripts to add friends or send comments or messages;
Interfering with, disrupting, or creating an undue burden on the Ducks Unlimited Canada Services or the networks or services connected to the Ducks Unlimited Canada Services;
Attempting to impersonate another user or person;
Using the account, username, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account;
Selling or otherwise transferring your profile;
Using any information obtained from the Ducks Unlimited Canada Services in order to harass, abuse, or harm another person;
Displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Ducks Unlimited Canada Services, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose; OR
Using the Ducks Unlimited Canada Services in a manner inconsistent with any and all applicable laws and regulations.
You may not transmit any chain letters or junk email to other users. You may also not forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message. It is also a violation of these rules to use any information obtained from the Ducks Unlimited Canada Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit or implied consent. In order to protect Ducks Unlimited Canada users from such advertising or solicitation, Ducks Unlimited Canada reserves the right to restrict the number of emails which a user may send to other users in any 24-hour period to a number which Ducks Unlimited Canada deems appropriate in its sole discretion. If you breach these terms and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Ducks Unlimited Canada Services, you acknowledge that you will have caused substantial harm to Ducks Unlimited Canada.
You are solely responsible for your interactions with other users of Ducks Unlimited Canada Services. We reserve the right, but have no obligation, to monitor disputes between you and other users.
Policy on Emailing, Chatting, and Posting on a Message Board
You understand that Ducks Unlimited Canada is not obligated to provide any assistance, including any technical or customer support, in connection with the use of any Community Applications, and that your use of the Community Applications is at your own risk. Any and all Community Applications are provided “AS IS” and “AS AVAILABLE” and no warranties are provided, except as required by law. SPECIFICALLY, THE WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED.
Ducks Unlimited Canada is in no way liable for any claims arising from your use of any Community Applications. As a condition of your use, you agree to indemnify Ducks Unlimited Canada for all claims relating to your use, reproduction of, and/or receipt or distribution of content through the Community Applications. Ducks Unlimited Canada reserve the right, in its sole discretion and at any time: to modify or discontinue the Community Applications; to limit, terminate or suspend your use of the Community Applications; and to assess charges for the use of the Community Applications in the future.
Your Text, Photos, Artwork, Sound Recordings and other Materials Submitted to Ducks Unlimited Canada or Posted on a Ducks Unlimited Canada Service or Ducks Unlimited Canada Site
By submitting or posting text, photos, video, sound recordings, artwork, designs, software, data, or any other materials (“Your Materials”), you are giving us permission, in perpetuity, on a no-charge basis, to use Your Materials in connection with the Ducks Unlimited Canada Services, in connection with any advertisements and promotions, and for any other purpose for which Ducks Unlimited Canada chooses to use Your Materials. In particular, you understand and agree that by submitting, posting or uploading Your Materials to Ducks Unlimited Canada or the Ducks Unlimited Canada Service, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting Ducks Unlimited Canada and its affiliated companies permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell Your Materials, and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to Your Materials. These grants include the right to exploit any proprietary rights in Your Materials, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. These grants further include the right to place advertisements on or in connection with Your Materials. No compensation will be paid with respect to Ducks Unlimited Canada’s use of Your Materials, including but not limited to any uses of Your Materials which generate revenue for Ducks Unlimited Canada or a third party. Ducks Unlimited Canada is under no obligation to post or use Your Materials you may provide and may remove Your Materials at any time at Ducks Unlimited Canada’s sole discretion. You certify and warrant that Your Materials you submit is your original work and does not infringe any copyright or intellectual property right, and has never been copyrighted or, if copyrighted, that you are the sole copyright owner. For the avoidance of doubt, this section is not applicable to any personally identifiable registration information that you provide in the process of registering for the Ducks Unlimited Canada Services.
Ducks Unlimited Canada may delete any of Your Materials that in the sole judgment of Ducks Unlimited Canada violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Ducks Unlimited Canada assumes no responsibility for monitoring the Ducks Unlimited Canada Services or Ducks Unlimited Canada Sites to see if Your Materials, or the materials of any other user or the conduct of you or any other user are inappropriate. If at any time Ducks Unlimited Canada chooses, in its sole discretion, to monitor the Ducks Unlimited Canada Services or Ducks Unlimited Canada Site, Ducks Unlimited Canada nonetheless assumes no responsibility for Your Materials or the materials of any other user, no obligation to modify or remove any inappropriate materials, and no responsibility for the conduct of the user submitting any such materials. Furthermore, you are solely responsible for Your Materials and any material or information that you transmit to other users and for your interactions with other users. Ducks Unlimited Canada does not endorse and has no control over the materials posted by users. Materials are not necessarily reviewed by Ducks Unlimited Canada prior to posting and do not necessarily reflect the opinions or policies of Ducks Unlimited Canada. Ducks Unlimited Canada makes no warranties, express or implied, as to user materials or to the accuracy and reliability of user materials or any material or information that you transmit to other users.
Content Available on the Ducks Unlimited Canada Services
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Ducks Unlimited Canada to terminate user privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to Ducks Unlimited Canada by the copyright owner or the copyright owner’s legal agent.
Software Available on the Ducks Unlimited Canada Services
DUCKS UNLIMITED CANADA AND ITS SUPPLIERS, LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTY ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND OTHER MATERIALS CONTAINED ON OR OBTAINED THROUGH THE DUCKS UNLIMITED CANADA SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. DUCKS UNLIMITED CANADA AND ITS SUPPLIERS, LICENSORS AND AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability
Termination and Restriction of Access
We sometimes provide access to other websites from our sites. But we don’t endorse or approve any products or information offered at sites you reach through our site. Check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in the DUC site or have moved to another site.
DUC will not accept or consider creative ideas, suggestions or materials other than those it has specifically requested. Accordingly, we ask that you do not send us any such materials. If, despite this request, you do submit material to us:
This means that…
We don’t have to treat any such submission as confidential.
You can’t sue us for using the ideas you submit (including, but not limited to, product or advertising ideas).
If we use them — or anything like them — we don’t have to pay you or anyone else for them.
We will have exclusive ownership of all present and future rights to submissions of every kind. We can use them for any purpose, without compensating you or anyone else for them. You agree not to assert any ownership right of any kind in your submission (including, but not limited to copyright, trade mark, unfair competition, moral rights, or implied contract) and you waive the right to receive any financial or other consideration in connection with such unsolicited submissions including, but not limited to, credit.
(2) You acknowledge that you are responsible for any submission you make — in other words, you acknowledge that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Unless otherwise specified, the materials in our sites are presented to provide information about DUC and its programs.
DUC controls and operates this site from its National Office at Oak Hammock Marsh, Manitoba, Canada. We in no way imply that the materials on the site are appropriate or available for use outside Canada. If you use our site from locations outside Canada, you are responsible for compliance with any applicable local laws.
Termination of this agreement
This agreement is effective until terminated by either party. You may terminate this agreement at any time, by destroying all materials obtained from all DUC sites, along with all related documentation and all copies and installations.
DUC may terminate this agreement at any time and without notice to you if, in its sole judgement, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.
In addition, by providing material on our Web site, we do not in any way promise that the materials will remain available to you. And DUC is entitled to terminate all or part of any of its websites at any time, without notice to you.
Miscellaneous points about the terms and conditions of this user agreement
These Terms and Conditions, and the agreement they create, shall be governed by and interpreted according to the laws of Canada.
If any provision of this agreement is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions.
DUC may modify these Terms and Conditions, and the agreement they create, at any time, simply by updating this posting and without notice to you.
This is the entire agreement regarding all the matters that have been discussed in the preceding paragraphs.