The following terms and conditions constitute an agreement (“Terms of Use” or
“Agreement”) between you and (“We” or “Us” or “Our”), the operator www.flyingduck.io (“Website”). You
accept this agreement by using the website or accessing any content available through the website. We
reserve the right to revise or vary or alter such terms and conditions from time to time. Any such
change shall take effect upon posting to this website. You agree that your use of the website after such
changes will constitute your acceptance of such changes. Changes to this agreement will not be applied
retrospectively.
Please read these website terms of use carefully before using the website. If you do not agree to all of
the term of use, do not access or use the website. By accessing or using the website, you and the entity
you are authorized to represent signify your agreement to be bound by the terms of use.
Proprietary Rights:
The website and content are the sole and exclusive property
of ours. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial
purpose, any portion of this website or the content other than as expressly authorised by us in
writing. You hereby acknowledge and agree that, as between us and you, all right, title and interest
in and to the website and the content shall be owned exclusively by ours. Any use of the website or
content in any way not expressly permitted by this Agreement is prohibited.
Changes:
We may make changes to the Website and the Content and/or the Services
described on the website at any time without any prior notice.
Restrictions:
- You agree that you will not remove or modify any acknowledgements, credits, disclaimers or legal
notices contained on the website or in the content.
- You agree not to access the website by any means other than through a standard web browser on a
computer or mobile device. You further agree that you will not damage, disable, alter, overburden,
or impair the website or interfere with any other party’s use and enjoyment of it.
- You will not place false or misleading information on the website.
- You shall noy disguise the origin of information transmitted through the website.
Intellectual Property:
We own all Intellectual Property Rights in the website
content. The Content is protected by intellectual property and other laws both in India and other
countries. All customised graphics, icons and other items that appear on the website are trademarks,
service marks or trade name may not be used or interfered with in any manner without the express
written consent of ours. You may not copy, reproduce, modify, amend, lease, loan, sell and/or create
derivate works from, upload, transmit, and/or distribute the Intellectual Property of the website in
any way without our prior written permission. Unauthorized use of any logo’s trademark, service mark
or logo are prohibited, and may be a violation of applicable trademark laws.
Third-Party Links:
The website may contain links to websites operated by other
parties. We provide these links to other websites as a convenience and use or access of these sites
is at solely your own risk. The linked sites are not under the control of FlyingDuck and it is not
responsible for the content available on such sites. Such links do not imply FlyingDuck’s
endorsement of information or material on any other site and FlyingDuck disclaims all liability with
regard to your access to and use of such linked websites and the consequences of such access or use.
You must review and agree to the terms and conditions of these sites before using these sites.
Copyright:
The Website is protected by applicable copyright laws. Except for
your use as authorized above, you may not modify, reproduce or distribute the content, design or
layout of the Website, or individual sections of the content, design or layout of the Website,
without FlyingDuck’s express prior written permission.
Notice of Infringement:
If you believe that your work has been copied in a way
that constitutes copyright infringement, or your intellectual property rights have been otherwise
violated, please provide the following information to us as a notice containing – a description of
the copyrighted work or other intellectual property that you claim has been infringed; A description
of where the material that you claim is infringing is located on the Site (providing URL(s) in the
body of the communication is the best way to help us locate the content quickly); Your name,
address, telephone number and e-mail address (please put “Copyright Infringement” as the subject of
the mail).
You can write to us at: THub, Hyderabad.
Email id: secure@flyingduck.io
Limitation of Liability:
To the extent permitted by law, in no event shall
FlyingDuck, its affiliates or licensors, suppliers or any third parties mentioned in the website be
liable for any incidental, direct, indirect, exemplary, punitive and/or consequential damages, lost
profits, and/or damages resulting from lost data or business interruption resulting from the use of
and/or inability to use the website, information, services or the content whether based on warranty,
contract, tort, delict, or any other legal foundation. To the extent permitted by law, the remedies
stated for you in these terms of use are exclusive and are limited to those expressly provided for
herein.
You agree to indemnify, defend and hold FlyingDuck, its subsidiaries, and affiliates, and their
respective officers, agents, members, partners, associates, directors, consultants and employees,
harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, due to or
arising out of your use of the Website and/or breach of this Agreement.
Governing Law and Jurisdiction:
Any dispute or claim between you and FlyingDuck
arising out of or in connection with this website or its subject matter (whether allegedly
contractual or non-contractual disputes and claims) shall be governed by and construed in accordance
with Indian law. Users of this website do so on the basis that they thereby submit to the
non-exclusive jurisdiction of the Indian courts for the purpose of any such dispute or claim.
General:
You may not assign these terms of use or any of your rights,
interests or obligations under these terms of use. If any provision of these terms of use shall not
found to be invalid by any court having competent jurisdiction, the invalidly of such provision
shall not affect the validity of the remaining provisions of these terms of use, which shall remain
in full force and effect. No waiver of any of these terms of use shall be deemed a further or
continuing waiver of such term or condition or any other term or condition. Any cause of action or
claim you may have with respect to this Agreement, or the Website must be commenced within six (6)
months after the claim or cause of action arises or such claim or cause of action shall be
barred.