TERMS AND CONDITIONS

Now we all know if you are reading this page there is a 99% chance that you have got here accidentally, if so click here quickly to get to some necklaces, and escape! However, if you are the other 1%… here you go!!

IMPORTANT DISCLAIMERS. ALL INFORMATION CONTAINED ON THIS WEBSITE AND THE SERVICES PROVIDED HEREIN ARE FOR INFORMATIONAL PURPOSES ONLY. CONTENT POSTED BY MAGPIE BUSINESS CONSULTANTS INC. dba CUTE AS DUCK (hereinafter “Cute as Duck” or “Company”) ON ANY WEBSITE, MOBILE APPLICATION, SOCIAL MEDIA CHANNEL, THIRD-PARTY CONTENT SERVICE, OR ADVERTISEMENT IS FOR INFORMATIONAL PURPOSES ONLY. CUTE AS DUCK DOES NOT ENDORSE, AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE, STATEMENT, OR OTHER INFORMATION MADE ON THE SITE OR SERVICES, INCLUDING USER CONTENT AND THIRD PARTY MATERIALS (EACH AS DEFINED BELOW). CUTE AS DUCK IS NOT RESPONSIBLE FOR YOUR RELATIONSHIP WITH ANY USERS OF THE SITE OR SERVICES PROVIDED HEREIN. CUTE AS DUCK IS NOT OBLIGATED TO SCREEN RETAILERS OR DISTRIBUTORS, RETAIL LOCATIONS, OR THEIR PRODUCTS TO DETERMINE WHETHER THEY ARE QUALIFIED OR AUTHORIZED BY LAW TO PROVIDE THEIR SERVICES OR TO DETERMINE THE ACCURACY OF THEIR PRODUCTS OR OTHER INFORMATION THEY PROVIDE.

THE FOREGOING DISCLAIMERS AND LIMITATIONS ON LIABILITY SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS AND LIMITATIONS ON LIABILITY IN SECTION 12 OR ELSEWHERE IN THIS AGREEMENT.

BINDING EFFECT. This is a binding agreement. By using the Internet site located at www.cuteasduck.com including any sub-links or sub-pages, (the “Site”), or any products or Services provided in connection with the Site (the “Services” and the “Product(s)”), you agree to abide by these Terms of Use, as they may be amended by Cute As Duck from time to time in its sole discretion, with or without notice. Company may, in its sole and absolute discretion, change these Terms of Use and Privacy Policy, as well as all other applicable terms, conditions, limitations and requirements on the Site, without notice to you. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED PARTICIPATION OR USE OF THIS SITE OR THE PRODUCTS AFTER COMPANY CHANGES THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES IN THE TERMS, YOU MUST DISCONTINUE YOUR USE AND ACCESS OF THE SITE AND CANCEL ANY SUBSCRIPTIONS YOU ARE CURRENTLY PARTICIPATING IN. Company will post a notice on the Site any time these Terms of Use have been changed or have otherwise been updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find Company’s Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Site. BY ACCESSING, BROWSING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED, AND AGREED TO THESE TERMS OF USE WITHOUT LIMITATION OR QUALIFICATION. YOU AGREE THAT BY USING THE PRODUCTS OR SERVICES YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, PLEASE DO NOT ACCESS, BROWSE OR USE THIS SITE OR THE CONTENT OR USE THE PRODUCTS AND SERVICES HEREON.

You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to open an account or register for or use any function, service, or portion of this Site which requires such registration. This Site is not intended or designed to attract children under the age of 13.  If you are under the age of 13, you may not use the Site. If you are a minor age between the ages of 13 and 18 (or the applicable legal age in your jurisdiction), you can use such functions or services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a minor between the ages of 13 and 18 (or the applicable legal age in your jurisdiction), you are fully responsible for his or her use of the Site and the User Content (as defined below), including all legal liability he or she may incur.  By using this Site and any services provided therein, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein.

PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information. When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You may also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately of any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

USE OF SOFTWARE. Company may make certain Software available to you from the Site. Software is defined as any programs, applications or other operating information that is utilized by a computer. If you download Software from the Site, the Software, including all files and images contained in, or generated by, the Software, and accompanying data (collectively, “Software”) are deemed to be licensed to you, on a non-exclusive, limited and conditional basis, by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights contained therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.

USER CONTENT. You grant Company a license to use the materials you post to the Site or any third-party website, including any social media websites, channels and platforms. By posting, downloading, displaying, performing, transmitting, or otherwise distributing third-party information or other third-party content (“User Content”) to the Site or Service, including any third-party public websites or social media websites, channels and platforms, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use the User Content in connection with the operation of the business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute (through any means or methods whether now known or hereafter to become known), modify, create derivative works of, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat the User Content. You will not be compensated for any of Company’s use of the User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute the User Content.

COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights, including, without limitation, the right of privacy and publicity. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your account. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

INAPPROPRIATE CONTENT. You shall not make the following types of Content available, and you agree not to upload, download, display, perform, transmit, link to or otherwise distribute any Content that (a) is libelous, defamatory, obscene, offensive, pornographic, abusive, threatening, unlawful, fraudulent, harmful, harassing, tortious, vulgar, that may be invasive or in violation of another’s right of privacy or publicity, hateful, racially, ethnically or otherwise objectionable as determined by us in our sole discretion; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability, or otherwise violate any applicable local, state, national, or foreign law or regulation;  (c) advertises or otherwise solicits funds or is a solicitation for goods or services; (d) distributes or facilitates the distribution of viruses, corrupted data, trojan horses, bots, keystroke loggers, worms, time bombs, cancelbots or other computer programming routines or computer code that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, obtain unauthorized access to, scrape or expropriate any system, software, data or personal information; (e) adversely affects the availability of Site resources to other users (e.g., excessive shouting (use of all caps), flooding (continuous posting of repetitive text) or excessively large embedded images); (f) solicits or disseminates surveys (other than any such functionality expressly provided for by the Site that otherwise complies with these Terms of Use), contests, pyramid schemes, chain letters, junk mail, spam, or unsolicited messages; (g) creates a false identity for the purpose of misleading others, to be determined in our sole discretion; (h) transmits or facilitates the transmission of any content to an e-mail address, social media account, messenger-feature address or other location that is not yours or to which you do not have the expressly authorized right to use without securing the prior authorization of the owner or licensor of such other address or other location; and (i) transmits or facilitates the transmission of any User Content that infringes any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary, statutory, common law or other rights of any party.

ALLEGED VIOLATIONS. Company reserves the right to terminate your use of the Service and/or the Website. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.

PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.