ACCEPTANCE OF TERMS OF USE

1. Terms of Use apply to the use of the website located at www.ducktv.tv (“Site”) and any associated site or sites linked to it, and any ducktv mobile applications (“Applications”). By using the Site or the Applications You agree to be bound by these terms of use and any other terms set out on the Site including the Privacy Policy.  BY USING THE SITE OR THE APPLICATIONS, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE SITE AND THE APPLICATIONS.

2. All contents on the Site and in the Applications constitute proprietary material including ducktv trademarks, design, all editorial content (e.g. texts, pictures, graphic elements), databases, animation files and downloads of any kind, (“Content”).  You may only view the Content on the Site and in the Applications for Your own personal non-commercial use.  You must not copy, amend, alter or use in any way the Content for any other purpose.  You must not use the Content as information or news source to create Your own content.  MEGA MAX MEDIA s.r.o. reserves all rights against the illegal or improper use of the Site, the Applications or its content and therefore will prosecute anyone who copies or otherwise uses the Site, the Applications or its content in any way other than for their own personal and non-commercial use, or as authorized by MEGA MAX MEDIA s.r.o.

3. MEGA MAX MEDIA s.r.o. monitors Your use of the Site and Applications to ensure that all Content is not being used in any way other than as expressly permitted by the present Terms of Use. By using the Site or the Applications You accept MEGA MAX MEDIA s.r.o.’s monitoring of Your use. If You are a commercial user, You consent to the monitoring of Your services to ensure that You have strictly complied with the present Terms of Use.

4. MEGA MAX MEDIA s.r.o. accepts no responsibility for any third party content or advertising on the Site.

DEFINITONS AND RIGHTS

1. MEGA MAX MEDIA s.r.o. (Ševčenkova 34, 851 01 Bratislava, Slovak Republic) reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is Your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following any changes will mean that You accept and agree to the changes. As long as You comply with these Terms of Use, MEGA MAX MEDIA s.r.o. grants You a personal, non-exclusive, non-transferable, limited licence to enter and use the Site.

2. Definitions. 

“You” means you, the user of the Site and “Your” shall be interpreted accordingly. 
“Site” and “Applications” shall have the meaning as set out above. 
“User Information” means the personal details, which may be provided by You to MEGA MAX MEDIA s.r.o via the Site.
“Users” means the users of the Site and / or the Applications collectively and/or individually as the context admits.

3. Acceptable Use

You agree that any use by You of the Site or Applications shall be in accordance with the following conditions: 

3.1. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or Applications or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or Applications or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site and Applications.  MEGA MAX MEDIA s.r.o. reserves the right to monitor and to bar any such activity, and Your use of the Site or Applications hereby authorizes MEGA MAX MEDIA s.r.o. to monitor Your use of the Site and Applications and its Content.

3.2. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or its server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

3.3. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to the Site, or any other customer of MEGA MAX MEDIA s.r.o., including any Site account not owned by You, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Site.

3.4. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or MEGA MAX MEDIA’s systems or networks, or any systems or networks connected to the Site.

3.5. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other User’s use of the Site.

3.6. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to the Site on or through the Site or any service offered on or through the Site. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.

3.7. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes MEGA MAX MEDIA s.r.o.’s rights or rights of others.

4. Posting Content

You will not post or transmit through the Site any defamatory, threatening, obscene, harmful, pornographic or otherwise illegal material or material which would violate or infringe in any way upon MEGA MAX MEDIA s.r.o.’s rights or those of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience. You must not express opinions that are vulgar, crude, sexist, racist or otherwise offensive. You will always treat other Users with respect. 

4.1. You will not post or otherwise make available on the Site any material, which You do not own , or without the express permission of the owner of the material. 

4.2. If you post photographs of a child under the age of 16 years, then you must be the legal guardian or parent of that child.  You must not post any photographs of a child that is not yours.

4.3. You cannot download photographs or images of children posted on the Site that are not your children.  If you wish to receive copies of photographs of your child that have been posted to the Site, then please email MEGA MAX MEDIA s.r.o at ducktv@ducktv.tv.

4.4. You will not copy, download, reproduce, republish, frame, transmit in any manner whatsoever, any material on the Site except as is strictly necessary for Your own personal non-commercial home use. 

4.5. You will abide by the specific rules of any competition or promotion that You participate in on or via the Site. 

5. Security

Certain features or services offered on or through the Site may require You to register (including providing your e-mail address and password). You are entirely responsible for maintaining the confidentiality of Your registration information including Your password and for any and all activity that occurs under Your registration as a result of Your failing to keep this information secure and confidential. You agree to notify MEGA MAX MEDIA s.r.o. immediately of any unauthorized use of Your e-mail address or password, or any other breach of security. You may be held liable for losses incurred by MEGA MAX MEDIA s.r.o. or any other user of or visitor to the Site due to someone else using Your e-mail address, password or account as a result of Your failing to keep Your account information secure and confidential.

5.1. You may not use anyone else’s e-mail address or password at any time without the express permission and consent of the holder of that  e-mail address or password.  MEGA MAX MEDIA s.r.o. cannot and will not be liable for any loss or damage arising from Your failure to comply with these obligations.

5.2. When using the Site, You should always take the following precautions: keep Your identity private; do not give out Your full name, postal address, telephone number, e-mail address, the name of Your or your child’s school or any other information (other than that specifically requested by MEGA MAX MEDIA s.r.o.), that could help someone discover Your actual identity.

6. Third Party Websites and Advertisers 

6.1. Linked Sites: This Site may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to the Users of the Site. Such Linked Sites are not under the control of MEGA MAX MEDIA s.r.o.. MEGA MAX MEDIA s.r.o. does not endorse and shall not be held responsible or liable for any content, advertising, products or services on or available from any Linked Sites. 

6.2. Third Party Advertisers: Any dealings between You and any third party advertisers or merchants found on or via the Site, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between You and the relevant advertiser or merchant. Therefore, MEGA MAX MEDIA s.r.o. is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings.

7. Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to MEGA MAX MEDIA s.r.o., and is protected by law, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

7.1. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, rewritten, used as a news source, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise or commercially exploited, without the express prior written consent of MEGA MAX MEDIA s.r.o..

7.2. If You become aware of any such distribution, commercial exploitation or any other unauthorized use of MEGA MAX MEDIA s.r.o’s Content, You agree to notify MEGA MAX MEDIA s.r.o through the Site’s contact us menu.

7.3. You acknowledge that by posting materials on the Site You grant to MEGA MAX MEDIA s.r.o. and its licensors and assigns an irrevocable, perpetual, royalty free, worldwide license to use the materials within the Site.  Should MEGA MAX MEDIA s.r.o. wish to use Your material in any other way it will contact You unless it expressly advises You at the time that You provide such material. The license extends to copying, adapting and editing the materials for use on the Site.

8. Liability for information provided on the Site

8.1. Third Party Content. MEGA MAX MEDIA s.r.o. is not liable for any material which is posted on the Site by any other person including advertisers and MEGA MAX MEDIA s.r.o. is not responsible for and does not endorse such material. 

8.2. MEGA MAX MEDIA reserves the right to monitor the contributions made and may respond to or comment upon communications made by You and edit, refuse to post, or remove any content from the Site in its absolute discretion. No failure to remove particular material constitutes an endorsement or acceptance of it by MEGA MAX MEDIA s.r.o.

8.3. MEGA MAX MEDIA s.r.o. will not be held responsible or liable for the content, accuracy, timing or reliability of any information or statements contained within the Site, or for statements, advice and/or opinions made or given by Users (except as required by law). If You have any claim arising from the actions or statements of another User, You agree to pursue such a claim only against that User and not against MEGA MAX MEDIA s.r.o.. 

8.4. MEGA MAX MEDIA s.r.o. will endeavor to provide the Site using all reasonable care. Except as required by law, MEGA MAX MEDIA s.r.o. will not be responsible or liable for the quality, accuracy or fitness for a particular purpose of the Site and do not promise that the material contained in the Site, or any of the functions contained in the Site or its server will operate without interruption or delay or will be error free, free of viruses or bugs or is compatible with any other software or material. 

8.5. MEGA MAX MEDIA s.r.o. will not be responsible or liable to You for any loss or damage that You or any third party may suffer as a result of using or in connection with Your use of the Site.

9. Disclaimers

MEGA MAX MEDIA s.r.o. DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. MEGA MAX MEDIA s.r.o. CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. MEGA MAX MEDIA s.r.o. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MEGA MAX MEDIA s.r.o. DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SERVICE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST MEGA MAX MEDIA s.r.o. FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

9.1. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

9.2. MEGA MAX MEDIA s.r.o. reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

9.3. Limitation of Liability. Except where prohibited by law, in no event will MEGA MAX MEDIA s.r.o. be liable to You for any indirect, consequential, exemplary, incidental or punitive damages, including any indirect or consequential loss of (i) profits (ii) business interruption (iii) goodwill or reputation (iv) or otherwise,  even if  MEGA MAX MEDIA s.r.o. has been advised of the possibility of such damages.

9.4. If, notwithstanding the other provisions of these Terms of Use, MEGA MAX MEDIA s.r.o. is found to be liable to You for any damage or loss which arises out of or is in any way connected with Your use of the Site or any Content, MEGA MAX MEDIA s.r.o’s liability shall in no event exceed EUR 100. 

10. Indemnity

You undertake to indemnify, on demand, and hold MEGA MAX MEDIA s.r.o., its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against MEGA MAX MEDIA s.r.o. by any third party due to or arising out of or in connection with Your use of the Site.

11. Breach  or Non-compliance  with Terms of Use

11.1. MEGA MAX MEDIA s.r.o may disclose any information it has about You (including Your identity) if MEGA MAX MEDIA s.r.o determines that such disclosure is necessary in connection with any investigation or complaint regarding Your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) the rights or property of MEGA MAX MEDIA s.r.o, or the rights or property of visitors to or Users of the Site, including the customers and advertisers of MEGA MAX MEDIA s.r.o.. MEGA MAX MEDIA s.r.o reserves the right at all times to disclose any information that it deems necessary to comply with any applicable law, regulation, legal process or governmental request. MEGA MAX MEDIA s.r.o. also may disclose Your information when it determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

11.2. You acknowledge and agree that MEGA MAX MEDIA s.r.o may preserve any transmittal or communication by You through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or MEGA MAX MEDIA s.r.o determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data privacy breaches or the rights of others, or (4) protect the rights of MEGA MAX MEDIA s.r.o, property or the personal safety of employees of MEGA MAX MEDIA s.r.o, Users of or visitors to the  Site, and the public.

11.3. You agree that MEGA MAX MEDIA s.r.o may, in its sole discretion and without prior notice, terminate Your access to the Site and/or block Your future access to the Site if it determines that You have breached or failed to comply with any one or more of these Terms of Use or other agreements or guidelines which may be associated with Your use of the Site. You also agree that any breach or non-compliance by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to MEGA MAX MEDIA s.r.o, for which monetary damages would be inadequate, and You consent to MEGA MAX MEDIA s.r.o obtaining any injunctive or equitable relief that MEGA MAX MEDIA s.r.o. may deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies MEGA MAX MEDIA s.r.o may have against You at law or in equity.

11.4. You agree that MEGA MAX MEDIA s.r.o may, in its sole discretion and without prior notice, terminate Your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by You (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

11.5. If MEGA MAX MEDIA s.r.o does take any legal action against You as a result of Your breach of these Terms of Use, it will be entitled to recover from You, and You undertake to pay, on demand, all reasonable legal fees and costs of such action, in addition to any other relief granted to MEGA MAX MEDIA s.r.o. You agree that MEGA MAX MEDIA s.r.o will not be liable to You or to any third party for termination of Your access to the Site as a result of any  breach or non-compliance of these Terms of Use.

12. Privacy 

12.1. MEGA MAX MEDIA s.r.o shall comply with all applicable Slovakian data protection legislation from time to time in place in respect of any personal information relating to You gathered by MEGA MAX MEDIA s.r.o.  For further information on the Privacy Policy please see http://www.ducktv.tv/privacypolicy .

12.2. Please contact MEGA MAX MEDIA s.r.o to notify it of any changes to the information You have previously given or if You wish to withdraw Your consent to its using Your User Information for any stated purposes or for any form of promotional contact. 

13. Termination at MEGA MAX MEDIA s.r.o.’s Discretion

MEGA MAX MEDIA s.r.o reserves the right immediately to terminate Your use of the Site if You breach or do not comply with any of the present Terms of Use or MEGA MAX MEDIA s.r.o have reasonable grounds to believe that You are likely to breach these terms and conditions or You otherwise engage in conduct which MEGA MAX MEDIA s.r.o determines in its sole discretion to be unacceptable.

14. Governing Law; Dispute Resolution

14.1. You agree that all matters relating to Your access to or use of the Site, including all disputes, will be governed by the laws of Slovakia and without regard to its conflicts of laws provisions. You agree to the personal jurisdiction of the Courts of Slovakia and waive any objection to such jurisdiction or venue. 

14.2. In the event of any controversy or dispute between MEGA MAX MEDIA s.r.o and You arising out of or in connection with Your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If MEGA MAX MEDIA s.r.o is unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

15. Feedback

Should You wish to make any comments to MEGA MAX MEDIA s.r.o about the Site or if You have any questions relating to the same please contact MEGA MAX MEDIA s.r.o at the Contacts page on the Site.

16. Company Details

MEGA MAX MEDIA s.r.o., Ševčenkova 34, 851 01 Bratislava, Slovak Republic.