Terms of Service/User Agreement

Terms of Service/User Agreement for all Websites of the FishDuck Oregon Sports Community (FishDuck)

The term FishDuck in this Terms of Service/User Agreement refers to all websites associated with the FishDuck Oregon Sports Community, such as FishDuck.com, an article site and the Our Beloved Ducks Forum and any sites, domains or subdomains that could be added in the future.

We will have advertising on the site provided by the Ezoic platform, but also including promotion of items pertaining to FishDuck or my own services in Charitable Planned Giving. References to any products and services in the Terms of Service/User Agreement are not necessarily applicable now, but could be in the future if made available. Please see our Privacy Policy for more information.

Terms of Service and User Agreement for Guests and Registered Members of FishDuck.com, “FishDuck,” and all websites of the FishDuck Oregon Sports Community

Signing up and registering to become a member of FishDuck is an acknowledgment and acceptance of this Terms of Service/User Agreement. Please read and understand and you may email charles@fishduck.com with questions.

Usernames cannot directly reflect the name of a business or without explicit, prior permission from Mr. FishDuck.

It is suggested that you create a Posting Name or “Handle” (that identifies who wrote the post) that is not your real name. The majority of members who post use a Posting Name or “Handle” as opposed to their real name. However, at the discretion of the owner or administrator–a new member can be required to post using their real name. It is rare and utilized only in circumstances where a member has a colorful posting history on FishDuck sites in the past.

It is impossible for us to review posts in advance or confirm the validity of information in a forum post. FishDuck does not in real-time actively monitor the contents of and are not responsible for any messages posted. We do not assure or warrant the accuracy, completeness or usefulness of any message, and are not responsible for the contents of any message. The messages express the views of the author of the message, not necessarily the views of FishDuck or any entity associated with this discussion.

Any registered member who feels that a posted message is objectionable is encouraged to contact us immediately by email. We have the ability to remove objectionable messages and we will make every effort to do so, within a reasonable time frame, if we determine that removal is necessary. This is a manual process, however, so please realize that we may not be able to remove or edit messages immediately.

Although FishDuck does not and cannot review all the messages posted and are not responsible for the content of any of these messages, we at FishDuck reserve the right to delete any message for any or no reason whatsoever. You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless FishDuck, and their agents with respect to any claim based upon transmission of your message(s).

We reserve the right at FishDuck to contact a registered user of the commenting/posting area below the articles for discussion of rule violations, account updates and TOS and Posting Rule changes.

A working email address listed in the user account is a requirement of being a registered user of FishDuck; when an email is changed–please notify Mr. FishDuck at charles@fishduck.com immediately.  When it is discovered that a registered member of FishDuck does not have a working email address as part of his/her FishDuck account profile–the account with FishDuck can, and will be deleted.

You agree not to post any copyrighted material unless the copyright is owned by you or by FishDuck.

You agree that you are over the age of 13.

FishDuck reserves the right to revoke posting privileges of an individual for any or no reason at all. You agree that posting in FishDuck is a privilege and not a right, and that you will follow the posting rules that have been in use since 2017. You will also agree not to take legal action against FishDuck by your participation in the comments/posts, your removal for violation of rules or for any reason your relationship with FishDuck is terminated.

Registered members are subject to warnings, suspension or termination for violations of posting rules, although allowing no strikes or warnings is current moderation policy. (See the posting rules) Application of disciplinary actions are at the discretion of the FishDuck staff. Please email charles@fishduck.com with questions.

Please read the posting rules carefully, as it takes a period of adjustment for registered members to conform to the community that is unusual and unique in the web world. FishDuck is not for everyone, as we insist on civilized discourse, and encourage all views to be shared.

Posting Images and Links

All images and links must follow our posting rules and our simple summary of 1) be polite and respectful, 2) keep it clean, and 3) no reference of any kind to politics.

Anything hyperlinked on FishDuck that is directed to a site with inappropriate material will be considered by our moderators as being posted directly onto our forums. If you link to a site that has inappropriate content you will be in violation of our posting rules.

FishDuck registered members must promptly inform FishDuck of any of the following: changes in home or email address; any apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until FishDuck is notified by e-mail of a breach in security, the member will remain liable for any unauthorized use of a FishDuck registered membership.

Access

Registered members are responsible for providing all personal computer and communications equipment necessary to gain access to the Service. Access to and use of FishDuck is through a combination of an ID and a password. Each registered member must keep his/her password strictly confidential. FishDuck will not release passwords for any reason, except as may be specifically required by law or court order. Unauthorized access to FishDuck is a breach of this Agreement and a violation of law.

Warranty

No warranty is made by FishDuck regarding any information, services, or products provided through or in connection with FishDuck, hereby expressly disclaims any and all warranties, including without limitation: any warranties as to the availability, accuracy, or content of information, products, or services; any warranties of merchantability or fitness for a particular purpose. Some states/provinces do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

The FishDuck registered member or guest hereby warrants and represents that he or she is in all respects is qualified and competent to enter into this agreement.

Links to Third Party Sites

FishDuck may contain images of and links to third party web sites (“Linked Sites”). The Linked Sites are not under the control of FishDuck and FishDuck is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.

FishDuck is not responsible for webcasting or any other form of transmission received from any Linked Site nor is FishDuck responsible if the Linked Site is not working appropriately. FishDuck is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FishDuck of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers at linked sites) included within the FishDuck sites or services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party.

FishDuck shall not be responsible or liable for any part of any such dealings or promotions. By registering and becoming a member, or as a guest you are using FishDuck, you agree that you indemnify FishDuck from any liability whatsoever associated with your dealings with these third parties.

Limitation of Liability

FishDuck is not obligated to monitor the content on this site but does so willingly and on a “best-efforts” basis at this time. However, with respect to the use of the products and services offered on this site, FishDuck reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the this site, in FishDuck‘s sole discretion, without notice at any time.

FishDuck may contain message board/forum services, communities, personal pages, pages created and/or maintained by publishers, or other communication facilities. You agree to use these facilities only to post, send and receive messages and material that are proper and related to the particular facility, and to comply with all applicable laws and these Terms of Use and Notices.

FishDuck reserves the right, but is not obligated, to review materials posted to this site and to remove any such materials and/or edit such materials in its sole discretion, without notice at any time. In addition, FishDuck reserves the right to terminate your access to the sites and services at any time without notice for any reason whatsoever. Furthermore, FishDuck reserves the right to terminate or change any part of the site at any time.

You acknowledge that the community services are public and not private communications, therefore your communications/postings may be read by others without your knowledge since they are posted in a public forum. Always use caution when giving out any personally identifying information about yourself or others in any public area. FishDuck specifically disclaims any liability regarding the community areas on our site. Forum managers and hosts of the community services, such as the message board/forum, are not authorized FishDuck agents or spokespersons, are not able to bind FishDuck, nor do their views necessarily reflect those of FishDuck.

The information, services, information, and other material included in or available through this site may not be complete, and may include inaccuracies or errors, and may also be modified or deleted from time to time. Advice, information, products, services or other materials received via this site should not be relied upon for decisions or other critical purposes.

By registering to post on the FishDuck, you agree that you are solely responsible for the content of your posts (defined as all content posted by you on the message boards, including actual posts, user profiles, signatures, etc.). This responsibility includes full liability for copyright infringement, libel/slander, and other liability, and you hereby agree to indemnify FishDuck, and their respective officers, agents, partners, employees and subcontractors, FishDuck‘s writers and volunteers from any and all liability associated with the above.

You agree that you own the content of your posts, but that you grant FishDuck the right to reproduce or republish the content of your posts, in full or in part, for any purpose inside the sites of FishDuck exclusively. In addition, by registering on these sites and/or by using these sites, you agree that you recognize that all other users are solely responsible for the content of their posts and that they have indemnified FishDuck (see above) as you have.

You agree that you will not hold FishDuck, and their respective officers, agents, partners, employees or subcontractors, owners, or agents responsible for the actions of other members who post on FishDuck.

By registering and becoming a member on this site, you agree that you are giving explicit consent to FishDuck to send to you emails, including marketing of occasional services or products offered by FishDuck. You hereby agree that, although FishDuck may provide methods for opting out of these emails, that these emails are not ‘unsolicited emails’ or ‘spam’, and that you will indemnify and hold harmless FishDuck, its owners, managers, employees, publishers, and other agents from any liability whatsoever associated with these emails, FishDuck‘s sending of these emails, and/or your receipt thereof.

Your access to and use of these sites, and products and services of these sites, is at your own risk. FishDuck, and its members and associates, will not be liable for any damage, loss or disclosure of information, data, revenue, accounts or business that occurs in connection with your use of this site, or such products or services. FishDuck makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of this site, or such products or services.

Without limiting the foregoing, FishDuck and/or its respective suppliers, writers, partners, sponsors or other associates make no representations or warranties about the condition, suitability, reliability, availability, completeness, security, timeliness, or accuracy of the information, products, services and material contained in this site for any purpose.

All such information, products, services and materials are provided “as is” without warranty of any kind. FishDuck and/or its respective suppliers, writers, partners, sponsors or other associates hereby disclaim all representations, warranties and conditions, express or implied, with regard to this information, products, services or materials, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

In no event shall FishDuck and/or their respective suppliers, writers, partners, sponsors, or other associates be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of these sites or related services, with the delay or inability to use these sites or related services, the provision of or failure to provide services, or for any information, products, or services obtained through these sites, or otherwise arising out of the use of these sites, whether based on the contract, tort, negligence, strict liability or otherwise, even if FishDuck or any of its suppliers has been advised of the possibility of damages.

Because some states/jurisdictions do not allow the exclusion of limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of these sites, or with any of these terms of use and notices, your sole and exclusive remedy is to discontinue using these sites and their related services.

You agree to defend, indemnify and hold FishDuck and their respective suppliers, writers, partners, sponsors, or other associates harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys’ fees) arising from your violation of these Terms of Use and Notices (including, without limitation, violation of applicable Additional Terms of Use), or any third-party’s rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of your relationship with FishDuck or your use of this/these sites.

Use Restriction

The material on FishDuck is for the private, non-commercial enjoyment of registered members only, and any other use is strictly prohibited. FishDuck and its writers and partners spend a great deal of time and money to obtain the information appearing on its site. Registered members agree that they will not copy, publish, or in any way make available publicly any news, pictures, interviews, features, or any other information from FishDuck, without express written permission from FishDuck.

Registered members agree that, should they do so, FishDuck reserves the right to cancel their registered membership immediately. Additionally, reuse of copyrighted information (pictures, interviews, features, videos, audio, etc.) will be prosecuted to the fullest extent of the law.

To prevent access by multiple users sharing one account, FishDuck reserves the right to limit access for each registered member to a fixed number of physical locations or machines or to a specific number of simultaneous logons. Registered member agrees to notify FishDuck in advance if their situation calls for use of multiple machines (i.e. student work-lab, library, etc.). In addition, if such a scenario exists, the member is responsible for logging out appropriately in order to login successfully in another location.

By signing up to post on FishDuck, you agree that you will not use FishDuck to advertise any product or service, without the express written permission of FishDuck. You also agree that if you do use FishDuck in such a manner, and are subsequently banned or blacklisted from FishDuck, and then continue to post such advertising under a new account, you will be liable for damages to FishDuck, including attorney’s fees.

Due to difficulty in FishDuck assessing these damages, you agree that the minimum damage from violation of this provision will be $10,000 (without limitation on FishDuck‘s ability to prove actual damages in excess of this amount).

By signing up to post on FishDuck, you agree that if FishDuck blacklists or bans you, you will cease and desist from posting on FishDuck. If you are blacklisted/banned, and subsequently sign up under new account(s) for the sole purpose of disrupting FishDuck in any manner, you will be liable for damages to FishDuck in the amount of fair compensation for time spent by FishDuck staff in addition to any costs caused by your disruption and costs of collection of these damages, including attorney’s fees.

Due to difficulty in FishDuck assessing these damages and costs, you agree that the minimum damage from violation of this provision will be $10,000 (without limitation on FishDuck‘s ability to prove actual damages in excess of this amount).

Notices

Notices by FishDuck to registered members may be given by means of electronic messages or by a general posting on the service. Notices by Subscribers may be given by e-mail.