When you visit this Site, you may provide us with two types of information: (1) personal information you knowingly choose to disclose that is collected on an individual basis, and (2) website use information collected by us on an aggregate basis. Personal information is information that is personally identifiable to you such as your name, email address, mailing address, phone number and date of birth. We only gather personal information when it is voluntarily submitted by you. You are not required to disclose any personal information to visit this Site, however you may be required to disclose certain personal
information before accessing or using certain features or areas of the Site. We do not collect any personal information about you through this Site without your knowledge.
When you visit this Site we may automatically collect website use information about your visit. Website use information includes information such as the date and time of your visit, the pages you visited, the address of the website you came from when you came to visit this Site, etc. If you do not want us to collect website use information then please do not visit or use this Site. You may contact us at any time in order to update the personal information we have collected about you by sending an email to firstname.lastname@example.org. Please include your member name and the information about you that you wish to update in the email so that we can better assist you with your request.
USAGE AND COLLECTION OF INFORMATION
USAGE AND COLLECTION OF INFORMATION ABOUT CHILDREN
This Site may offer certain features and activities that may be used by children. We do not condition a child’s participation in any of the activities available on this Site on the disclosure of more information than is reasonably necessary to participate in the activity. To the extent that this Site offers activities that may be accessed by children, we will collect parent’s email addresses to obtain their consent for their children to access the Site, to notify them of their
Before allowing a child to use a feature of our Site that might result in the public disclosure of personal information about that child to third parties, such as posting on open message boards, we will require a high level of verification to confirm that a parent has given permission for the child to participate in such features. For example, we may require a parent to provide us with credit card information, speak to a telephone operator or return by postal mail or fax a signed consent form to confirm consent.
To the extent we have collected any information about children, parents can access, change or delete personal information about their children at any time, or can refuse to permit us to collect further personal information from their child, by sending an email to email@example.com. Please include the child’s name and the parent’s email address in your correspondence so that we can better assist you with your inquiry or request.
this Site. Cookies cannot be executed as code or deliver viruses.
Use the options in your web browser if you do not wish to receive a cookie or if you wish to set your browser to notify you when you receive a cookie. If you disable all cookies, you may not be able to take advantage of all of the features and activities available on this Site.
LINKS TO OTHER WEBSITES
NOTICES AND RESTRICTIONS
We may be forced to disclose certain personal information you submit to us to the government or other law enforcement agencies. We reserve the right to, and by using this Site you authorize us to, use or disclose any personal information or other information we have collected about you as needed or necessary in order to satisfy any law, regulation or legal request, to protect the integrity of this Site, to fulfill your requests, or to cooperate in any law enforcement investigation.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
RESTRICTIONS ON USE
Material from this Site and any other World Wide Web site owned, operated, licensed, or controlled by The Blue Duck Franchise Company or any of its related, affiliated, or subsidiary companies (together, “The Blue Duck”) may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of The Blue Duck EXCEPT: you may download one copy of the material on one computer for your personal, non-commercial
home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Modification or use of the materials for any other purpose violates The Blue Duck intellectual property rights. The material on this Site is provided for lawful purposes only.
OBLIGATIONS OF SITE VISITORS
You agree not to do any of the following while visiting or using the Site or any services provided by or through the Site:
- Restrict or inhibit any other user from using and enjoying the Site;
- Impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity or indicate that you are an employee or representative of The Blue Duck;
- Post or transmit unlawful, offensive, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any images or other material depicting nudity;
- Post or transmit comments containing harassing or offensive language or engage in disruptive activities online;
- Post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component;
- Post or transmit any unsolicited advertising, promotional materials, “junk mail", “spam”, “chain letters” or any other form of solicitation on the Site or through the Site;
- Post, upload or transmit any material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other intellectual property and/or proprietary rights;
- Post or transmit material that encourages or provides instructional information about illegal activities, in particular hacking, cracking or distribution of counterfeit software;
- Solicit other users to join or contribute money to any online service or other organization, advocate or attempt to get users to join in illegal schemes or plan or participate in scams involving other users;
- Violate any applicable law or regulation, including without limitation any local, state, provincial, national or international law, any export control laws, or any regulations promulgated by any state or federal authority;
- Access or use password protected, secure or non-public areas of the Site without authorization;
- Frame, repackage, or otherwise re-distribute any portion of the Site; or
THE MATERIAL ON THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE BLUE DUCK MAY MAKE CHANGES TO THIS SITE AT ANY TIME. THIS SITE AND THE MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE BLUE DUCK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE BLUE DUCK DOES NOT WARRANT THAT THIS SITE, THE FUNCTIONS CONTAINED ON THIS SITE OR THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT MESSAGES OR REQUESTS WILL BE DELIVERED OR RECEIVED, OR THAT THIS SITE, THE MATERIALS ON THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE BLUE DUCK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULT OF THE USE OF THIS SITE OR THE MATERIALS ON THIS SITE RELATED TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU LIMITATION OF LIABILITY IN NO EVENT WILL THE BLUE DUCK BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION)
ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, THE MATERIALS OR INFORMATION CONTAINED ON ANY OR ALL SUCH SITES, OR THE MATERIALS, PRODUCTS OR SERVICES OFFERED ON THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE BLUE DUCK, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY ACTION OR NONACTION TAKEN BY YOU IN RELIANCE UPON INFORMATION PROVIDED THROUGH THIS SITE. TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE BLUE DUCK TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION RELATED TO THIS SITE, THE MATERIALS ON THIS SITE OR YOUR ACCESS OR USE OF THIS SITE WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THIS SITE.
The Blue Duck or you may terminate this agreement at any time. You may terminate this agreement by destroying all materials obtained from this Site and all other The Blue Duck websites including all related documentation and all copies thereof (together, the “Materials”). The Blue Duck may terminate this agreement immediately without notice at any time in The Blue Duck sole discretion. Upon termination, you must destroy all Materials.
THIS SITE IS INTENDED FOR U.S. AUDIENCES ONLY
Use of this Site is intended for United States residents only. Unless otherwise specifically indicated, sweepstakes and other promotional offers available on or through this Site are open to United States residents only.
COPYRIGHT ACT AGENT
We respect the intellectual property rights of others, and require that the people who use this Site do the same. If you believe that your work appears on this Site and has been copied in a way that constitutes copyright infringement, please contact us at firstname.lastname@example.org:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information contained in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
The following is a non-exclusive list of trademarks that are used on this Site and that are owned by The Blue Duck: The Blue Duck Barbecue Tavern®; The Blue Duck To Go®, etc. All other trademarks used on this Site, including, but not limited to other trademarks used on this Site that may be owned by The Blue Duck, are the property of their respective owners.