2. Your Privacy
3. Your Use of Our Website
The information and content on the Services including, but not limited to logos, graphics, video, images, product information, designs, copy, and other third party content, and the trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyrightable material (including source and object code); and all other materials related to the Web Sites, including, without limitation, the "look and feel" of the Web Sites (collectively, “Duck Phat Content”), are protected by applicable U.S. copyright laws, international conventions, other applicable copyright laws and other proprietary (including, but not limited to, intellectual property) rights and are owned or controlled by Duck Phat, its subsidiaries, affiliates or its licensors.
Except as specifically provided herein, you have no other rights in the Service or any Duck Phat Content and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Service or Duck Phat Content in any manner, without the prior express written permission of Duck Phat. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Duck Phat’s names, logos, product and service names, trademarks or services marks, or those of Duck Phat’s licensors.
4. Your Use of Third-Party Services
If you send or transmit any communications, comments, questions, suggestions, or related materials to Duck Phat, whether by letter, email, form, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Service, including, without limitation, new features or functionality, all such Feedback is, and will be treated as, non-confidential and nonproprietary. You hereby assign all right, title, and interest in, and Duck Phat is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback.
6. Intellectual Property & Copyright Infringement
Duck Phat and third-party trademarks and service marks may or may not be designated as such from time-to-time through the SM, TM or ® symbols. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license. Duck Phat respects copyright law and expects its users to do the same. If you believe your copyrighted material unlawfully appears on our website you may send a Duck Phat a notice at email@example.com.
7. Disclaimer of Warranties and Indemnification
Your use of this Service is at your own risk. Duck Phat does not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error- free. The Service, Duck Phat Content and User Content have not been verified or authenticated in whole or in part by Duck Phat, and they may include inaccuracies or typographical or other errors. Duck Phat does not warrant the accuracy or timeliness of the Duck Phat Content contained on this Service and Duck Phat has no liability for any errors or omissions in the Duck Phat Content or User Content, whether provided by Duck Phat, our licensors, suppliers, or other users.
8. Our Limitation of Liability
Nothing in these Terms (including anything specified in this "Our Limitation of Liability" provision) shall attempt to exclude or limit liability that cannot be excluded or limited under applicable law. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE DISCLAIMER OF WARRANTIES, IN NO CASE SHALL (A) DUCK PHAT, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR PURCHASE OF PRODUCTS OR DISPLAYING, COPYING, OR DOWNLOADING ANY CONTENT TO OR FROM THE SERVICE, EVEN IF DUCK PHAT KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; (B) DUCK PHAT, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICE OR RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF Duck Phat KNEW OR SHOULD HAVE KNOWN OF THEIR POSSIBILITY. 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, our liability shall be limited to the maximum extent permitted by law.
10. Other Terms
Duck Phat controls and operates its Service and sells products from its headquarters in the United States and the Duck Phat Content and products offered through the Service may not be appropriate or available for use in other locations. If you use this Service outside the United States of America, you are solely responsible for following applicable local laws.
11. Changes to These Terms
These Terms are current as of the date noted below. Duck Phat may at its discretion modify, update, add to, discontinue, remove or otherwise change these Terms and Conditions at any time. If we make any changes that materially affect our practices, we will provide you with notice of such change by updating the ‘Last Updated’ date below on our site.
12. Contact Us
If you have any questions about our Terms, you may contact us at firstname.lastname@example.org or by mail at:
Duck Phat Foods LLC
246B Livingston St., #290
Northvale, NJ 07647
Effective Date: January 1, 2022