Terms of Service

Revised: 2nd January 2010

1. Acceptance of Terms

 

THESE TERMS OF SERVICE, AS AMENDED FROM TIME TO TIME, ARE A LEGAL AGREEMENT BETWEEN RUBBER DUCK SOFTWARE ("RUBBER DUCK SOFTWARE" OR "WE") AND YOU ("YOU"). YOU MUST READ AND AGREE TO THESE TERMS, INCLUDING THE PRIVACY POLICY, BEFORE USING THE RUBBER DUCK SOFTWARE.COM WEBSITE AND OTHER WEBSITES, WEBPAGES, BLOGS, WIDGETS AND APPLICATIONS OWNED, OPERATED, LICENSED OR CONTROLLED BY RUBBER DUCK SOFTWARE (THE "RUBBER DUCK SOFTWARE SITES") OR ANY GAMES, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE RUBBER DUCK SOFTWARE SITES (COLLECTIVELY, THE "SERVICES"). BY USING THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE THE SERVICES.

 

Users are responsible for regularly reviewing these Terms of Service. The most current version of the Terms of Service can be reviewed by clicking on the "Terms of Service" hypertext link located on the Rubber Duck Software Sites. If you do not agree to these Terms of Service or any changes or updates, your only remedy is not to use the applicable Rubber Duck Software Site and to cancel any accounts or Services you have signed up for. Your continued use of the Rubber Duck Software Sites after a change or update has been made to the Terms of Service will constitute your acceptance of such change or update.

 

If you violate our Terms of Service, we may issue you a warning about the violation, or we may choose to immediately terminate or suspend any and all accounts that you have established. You acknowledge that Rubber Duck Software is not required to provide you notice before terminating or suspending your Service(s), but it may choose to do so.

 

Rubber Duck Software reserves the right to deny, in its sole discretion, any user access to the Rubber Duck Software Sites or Services without notice for any or no reason (including, without limitation, for violation of these Terms of Service).

 

2. Ownership of Intellectual Property

 

a) Unless otherwise specified in writing, all materials that are part of the Service are owned, controlled, or licensed by Rubber Duck Software and are protected by law from unauthorised use. The Rubber Duck Software name and the Rubber Duck Software logos may not be used without the express written permission of Rubber Duck Software.

 

b) You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or by purchasing any virtual goods.

 

c) You agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of Rubber Duck Software.

 

d) All comments, feedback, suggestions, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to Rubber Duck Software in connection with the use of the Service shall be the exclusive property of Rubber Duck Software. You agree that unless otherwise prohibited by law Rubber Duck Software may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.

3. User account responsibility

 

a) This Service is offered through various social networks. The Service is only available to persons who are registered members of the social network through which they access the game and are in compliance with the policies or terms of use/service of that social network. In creating your account with a social network through which you will access the Service (“Account”), you agree to:

 

i) provide true, accurate, current and complete information about yourself ( "Registration Data"); and

 

ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

 

b) Users that maintain more than one account on a social network may not access this Service from multiple accounts. If you provide any information that is untrue, inaccurate, not current or incomplete, or Rubber Duck Software has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Rubber Duck Software has the right to suspend or terminate your ability to participate in the Service and refuse any and all current or future use of the Service (or any portion thereof). Provider reserves the right to terminate accounts that have been inactive for 180 consecutive days.

4. Content

 

"Content" shall mean the software, communications, images, sounds, and all the material and information you see on the Rubber Duck Software Sites, whether provided by Rubber Duck Software or by users of the Services. Rubber Duck Software does not pre-screen all Content. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Rubber Duck Software Sites.

Strong or vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for the Rubber Duck Software Sites. Content standards may vary depending on where you are on the Rubber Duck Software Sites, the type of game you are playing and the expectations of the community. Some game play and chat rooms may involve use of stronger language than others.

 

Rubber Duck Software representatives may monitor your communications on the Rubber Duck Software Sites. But we cannot monitor all of the Content on the Rubber Duck Software Sites, and we do not attempt to do so. If you encounter something you find objectionable and in violation of these Terms of Services, you can report it to admin@RubberDuck.com.au. Rubber Duck Software does not endorse, approve, or prescreen any Content that you or other third parties communicate on the Service. Rubber Duck Software does not assume any responsibility or liability for Content that is generated by members or other guests on the Rubber Duck Software Sites.

 

Rubber Duck Software and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted in any Rubber Duck Software Site. Without limiting the foregoing, Rubber Duck Software and its designees shall have the right to remove any Content that is in violation of the provisions hereof or otherwise objectionable.

 

You acknowledge and agree that all characters created and items acquired and developed as a result of game play are part of the applicable game Software and related Services and are the sole property of Rubber Duck Software and/or its licensors. You acknowledge that: (i) such Software and related Services permit access to Content that is protected by copyrights, trademarks, and other proprietary rights owned by Rubber Duck Software, and/or its licensors (collectively, "Rights "), and (ii) these Rights are valid and protected in all media existing now or later developed, and (iii) except as is explicitly provided otherwise, your use of Content shall be governed by the copyright laws of Australia and other applicable laws. You agree that you may upload or otherwise transmit on or through the Service only Content that is not subject to any third-party Rights, or Content in which any holder of Rights has given express authorization for distribution on the Service. If and to the extent you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of the Content, you hereby transfer, grant, convey, assign and relinquish solely and exclusively to Rubber Duck Software and/or its licensors all of your right, title and interest in and to the Content, without reservation and without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity, and in the alternative to the extent such assignment is ineffective under applicable law, you hereby grant to Rubber Duck Software and/or its licensors, their successors and assigns, the sole and exclusive, irrevocable, sublicensable, transferable, worldwide, paid-up license to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice the Content all modified and derivative works thereof, all portions and copies thereof in any form, all inventions, designs, and marks embodied therein, and all patent, copyright, trade secret, trademark and other intellectual property rights thereto, and/or to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in the Content.

5. Charges and in-game currencies/goods

a) The Service may include a virtual, in-game currency (“Virtual Currency”) including, but not limited to coins, cash, or points, that may be purchased from Rubber Duck Software for “real world” money if you are a legal adult in your country of residence. The Service may also include virtual, in-game digital items (“Virtual Goods”) that may be purchased from Rubber Duck Software for “real world” money or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for “real world” money, goods or other items of monetary value from Rubber Duck Software or any other party.

 

b) Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency in the Service, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service, or any other attributes associated with use of the Service or stored within the Service.

 

c) Rubber Duck Software has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and Rubber Duck Software shall have no liability to you or anyone for the exercise of such rights.

 

d) Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Service. Outside of the game, you may not buy or sell any Virtual Currency or Virtual Goods for “real world” money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from Rubber Duck Software Service and possible legal action.

 

e) You agree that all sales of Virtual Goods and Currencies are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Currencies are forfeited if your account is terminated or suspended for any reason, in Rubber Duck Software's sole and absolute discretion, or if Rubber Duck Software discontinues providing the Service.

 

f) You hereby agree to pay all fees or charges incurred by your account, including taxes, in accordance with these Terms of Service and the billing terms for access to the Services that are in effect at the time that the fee or charge becomes payable. Unless otherwise indicated, all prices are in US Dollars and do not include Internet service provider, telephone, and other connection charges.

6. Limitations of Use

 

Your license to use the Services is limited by these Terms of Service and our Privacy Policy. All software ("Software") made available to access the Services is the copyrighted work of Rubber Duck Software and/or its licensors. Rubber Duck Software hereby grants you a personal, non-exclusive, non-transferable, revocable, limited scope license to use the Software solely for the purpose of viewing and using the applicable Services and for no other purpose whatsoever.

 

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, adapt, translate, transfer, buy, auction, rent, lease, loan or sell any game assets (including, without limitation, your account, characters, items, credits, currency, coin or any other virtual in-game items or other materials appearing in or generated by the Services), information, software, products or services obtained from the Services, without the express written consent of Rubber Duck Software. You hereby acknowledge and agree that you have no proprietary interest in any account, characters, items, credits, currency, coin or any other virtual in-game items or any other materials appearing in or generated by the game or the Services. You may not use any software or hardware that reduces the number of users directly accessing or using the Services. You further agree not to create or provide any means other than through the Rubber Duck Software Sites by which the Services may be accessed.

 

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by the terms, conditions, and notices included in these Terms of Service. You may not use the Services in any manner that could damage, disable, overburden, or impair any Rubber Duck Software server, or the network(s) connected to any Rubber Duck Software server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Rubber Duck Software server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You may not reverse engineer, decompile or disassemble any Software, including any proprietary communications protocol used by such Software.

7. Rules of Conduct

 

The Services may contain e-mail services, bulletin board services, chat areas (text and voice), news groups, forums, communities, personal web pages, calendars, photo albums or other message or communication facilities designed to enable you to communicate with others (the "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. Rubber Duck Software has no obligation to monitor the Communication Services. However, Rubber Duck Software reserves the right to review materials posted to the Communication Services and to remove any materials at any time, without notice, for any reason and in its sole discretion. Rubber Duck Software reserves the right to terminate or suspend your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. You acknowledge that chats, postings, conferences and other communications by users are not controlled or endorsed by Rubber Duck Software, and such communications shall not be considered reviewed, screened or approved by Rubber Duck Software. Statements made in forums, conferences, bulletin boards and chats reflect only the views of their authors. Rubber Duck Software specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services.

 

You acknowledge and agree that your communications with other users via the Communications Services are public and not private communications, and that you have no expectation of privacy concerning your use of these Communications Services. You acknowledge that personal information that you communicate on the Communications Services may be seen and used by others and result in unsolicited communications; therefore, we strongly encourage you not to disclose any personal information about yourself in your public communications on our Services. Rubber Duck Software is not responsible for information that you choose to communicate to other users via the Communications Services, or for the actions of other users.

Rubber Duck Software reserves the right at all times to disclose any information or materials found on the Communications Services as Rubber Duck Software deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any such information or materials, in whole or in part, in Rubber Duck Software's sole discretion.

In furtherance of the foregoing, and by way of example and not as a limitation, you agree that you may not access or use the Services and/or related Communication Services, in order to:

- Use such Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

- Publish, post, upload, transmit, distribute or disseminate Content that is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another's right of privacy or publicity, hateful or racially, ethnically or, in a reasonable person's view, otherwise offensive or objectionable.

- Use, upload, transmit, distribute or otherwise make available any material or information, including images or photographs, which are made available through such Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).

- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users' computer.

- Except as expressly authorized by Rubber Duck Software, advertise or offer to sell or buy any goods or services for any purpose, unless the Services specifically allow such messages.

- Falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

- Restrict or inhibit any other user from using and enjoying the Services. For example, disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all caps) in an attempt to disturb other users, "spamming," or flooding (continuous posting repetitive text), are prohibited.

- Collect in any way personal information about others, including e-mail addresses, or use such information to send unsolicited emails.

- Violate any applicable laws or regulations, or promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services or the Software.

- Impersonate or create a false identity (such as a celebrity or Rubber Duck Software representative) for the purpose of misleading others.

- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of such Services or other user or usage information or any portion thereof.

- Attempt to get a password, other account information, or other private information from a member or any other user of such Services.

- Improperly use in-game support or complaint buttons or make false reports to Rubber Duck Software administrators.

- Use, develop or distribute "auto" software programs, "macro" software programs or other "cheat utility" software program or applications in violation of the applicable License Agreements.

- Use a bulletin board or other Communications Service in any manner other than for personal communication as an individual user (i.e. not as a corporation or other entity).

 

- Use the Rubber Duck Software Sites, Services or Software to resell or make any commercial use of the Rubber Duck Software Sites, Services or Software, or otherwise commercially exploit the same, without the prior express written consent of Rubber Duck Software.

- Use the Services for fraudulent transactions including, without limitation, in-game virtual transactions

 

- Sell, buy, or transfer access to your account.

- You will not exploit, distribute or publicly communicate any game error, miscue or bug which gives an unintended advantage.

 

- Copy or adapt the Service’s software including but not limited to Flash, PHP, HTML, JavaScript or other code;

 

- Reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service create to generate web pages or any software or other products or processes accessible through the Service;

 

- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms");

 

- Except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Service, or use or launch any unauthorized script or other software;

 

- Cover or obscure any notice, banner or advertisement on the Service;

 

- Disguise the source of your User Content or other information you submit to the Service or use tools which anonymise your internet protocol address (e.g. anonymous proxy) to access the Service;

 

- Interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, Collaborative Content or the User Content;

 

- Sell the Service or any part thereof including but not limited to Virtual Goods or Virtual Currency, user accounts and access to them in exchange for real currency or items of monetary value; or

 

- Engage in cheating or any other activity deemed by Rubber Duck Software to be in conflict with the spirit or intent of the Service.

 

Rubber Duck Software does not control or endorse the content, messages or information found in User Content portions of the Service or external sites that may be linked to or from the games or their forums and, therefore, Rubber Duck Software specifically disclaims any responsibility with regard thereto.

Where applicable each user will either select a character name or allow Rubber Duck Software to automatically select a character name at random. Where users create a character name or otherwise create a label that can be used by players of Rubber Duck Software's games, users will abide by the following guidelines contained in these Terms of Service. Users will not use a name which (a) belongs to another person with the intent to impersonate that person; (b) contains, or is substantially similar to a trademark or service mark, whether registered or not; (c) that incorporates a `swear' word or is otherwise offensive, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (d) belongs to a popular culture figure, celebrity or media person; (e) belongs to any religious figure or deity; (f) comprises gibberish; (g) in any way infringes these Terms of Service.

8. Privacy and protection of personal information

 

Rubber Duck Software respects the privacy of visitors to our game. Information collected from you is subject to the pertinent social network’s policy. By playing the game, you may be granting your social network permission to share your e-mail address and any other personally identifiable information with Rubber Duck Software. Please see Rubber Duck Software’s Privacy Policy at www.Rubber Duck.com.au for more information on the collection and use of your information. You acknowledge and agree that this Privacy Policy, including, but not limited to, the manner in which Rubber Duck Software collects, uses and discloses your personally identifiable information, is incorporated and made part of these Terms. If User does not agree to each and every part of Rubber Duck Software's Privacy Policy, then you should not play the game or submit any personally identifiable information through this game.

9. Disputes with Others

 

We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Service. If you have a dispute with other users, you release Rubber Duck Software and hereby agree to indemnify Rubber Duck Software from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

10. Termination of Account

 

Rubber Duck Software has the right to terminate or suspend, and you have the right to cancel, your account(s) or a particular subscription at any time. You understand and agree that, except as expressly provided by law, the cancellation of your account or a particular subscription is your sole right and remedy with respect to any dispute with Rubber Duck Software. This includes, but is not limited to, any dispute related to, or arising out of: (1) these Terms of Service or our enforcement or application of these Terms of Service; (2) the Content or Services available through the Rubber Duck Software Sites or any change in such Content; (3) your ability to access and/or use the Services; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.

You can cancel your account(s) or a particular subscription for a Service by following the procedures made available with the applicable Service. Rubber Duck Software reserves the right to collect fees, surcharges or costs incurred before you cancel your account(s) or a particular subscription. In the event that your account or a particular subscription is terminated, suspended or cancelled, no refund will be granted; no online time or other credits or in-game items (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything associated with it (such as points, tokens or in-game items). If your account is terminated or suspended by Rubber Duck Software, Rubber Duck Software shall have the right to terminate or suspend any of your other account(s).

11. Disclaimers; Limitations; Waivers of Liability

 

YOU EXPRESSLY AGREE THAT THE USE OF THE RUBBER DUCK SOFTWARE SITES, SERVICES AND SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. THE RUBBER DUCK SOFTWARE SITES, SERVICES AND SOFTWARE, AND ANY OTHER THIRD-PARTY SERVICES AND PRODUCTS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES OR CONDITIONS ARE LEGALLY INCAPABLE OF EXCLUSION. RUBBER DUCK SOFTWARE PROVIDES THE SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT RUBBER DUCK SOFTWARE WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. THE RUBBER DUCK SOFTWARE PARTIES ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, GAME PLAY, ITEMS OR CHARACTERS FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY THE RUBBER DUCK SOFTWARE PARTIES, OR BY YOUR OR ANY OTHER USER'S OWN ERRORS AND/OR OMISSIONS.

 

YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW THE RUBBER DUCK SOFTWARE PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICES OR USE OF THE RUBBER DUCK SOFTWARE SITES, SERVICES OR SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH Rubber Duck Software IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT(S). IN NO CASE SHALL THE LIABILITY OF THE RUBBER DUCK SOFTWARE PARTIES TO YOU EXCEED THE AMOUNT THAT YOU PAID TO RUBBER DUCK SOFTWARE OR ITS DESIGNEES DURING THE PRIOR ONE (1) MONTH PERIOD FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY. IN NO CASE SHALL THE RUBBER DUCK SOFTWARE PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE RUBBER DUCK SOFTWARE SITES, SERVICES AND SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR INTERACTIONS WITH RUBBER DUCK SOFTWARE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF RUBBER DUCK SOFTWARE AND THE RUBBER DUCK SOFTWARE PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. RUBBER DUCK SOFTWARE DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH THE RUBBER DUCK SOFTWARE SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 

THE RUBBER DUCK SOFTWARE PARTIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE.

 

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE RUBBER DUCK SOFTWARE SITES AND SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE RUBBER DUCK SOFTWARE PARTIES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICES DESCRIBED IN THESE TERMS OF SERVICE AT ANY TIME.

 

UNDER NO CIRCUMSTANCES WILL THE RUBBER DUCK SOFTWARE PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID RUBBER DUCK SOFTWARE IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

12. Indemnification

 

You agree to defend, indemnify and hold harmless the Rubber Duck Software Parties from and against all claims and expenses, including attorneys' fees and costs, arising out of your use of the Service and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Service.

13. General

 

These Terms of Service are governed by the laws of Australia and you hereby submit to the exclusive jurisdiction of the Australian courts.

Rubber Duck Software may assign these Terms of Service, in whole or in part, at any time.

Rubber Duck Software's performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service is in derogation of Rubber Duck Software's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Rubber Duck Software with respect to such use.

You agree to indemnify and hold the Rubber Duck Software, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third-party due to or arising out of your use of or conduct on the Services.

If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect.

These Terms of Service, including the documents expressly incorporated by reference, constitute the entire agreement between you and Rubber Duck Software with respect to the Services and such agreements supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and Rubber Duck Software with respect to the Services.

You represent that you have not relied on any such communications in choosing to accept these Terms of Service. A printed version of these Terms of Service and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Rubber Duck Software's failure to enforce at any time any of the provisions of these Terms of Service shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Rubber Duck Software of any provision, condition or requirement of these Terms of Services shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of Rubber Duck Software shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Rubber Duck Software. All notices given by you or required under these Terms of Service shall be in writing and addressed to: Rubber Duck Software , PO Box 7000, Karingal Centre, 3199. Rubber Duck Software may give notice to you by means of a general notice on the Service, electronic mail to your e-mail address on record in Rubber Duck Software's account information, or by written communication sent by mail.