www.ducktv.tv (“Site”) and any associated site or sites linked to it,
and any ducktv mobile applications (“Applications”). By using the Site
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
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
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,
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.
“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
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 email@example.com.
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.
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
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.
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.
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.
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
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.
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.
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.
11.1. 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
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
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
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
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
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
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
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
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.