Last Updated Date: May 7, 2024
Welcome to Aquaduck!
These terms and conditions describe the rules and regulations for the use of Aquaduck website, located at https://aquaduck.co/.
By accessing this website we assume that you accept these terms and conditions. Do not continue to use Aquaduck if you do not agree to all of the terms and conditions set forth on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Customer”, “You” and “Your” refer to you, the person logging into this website and complies with the terms and conditions of the Company. “The Company”, “Ourselves”, “Us”, “Our” and “Us”, refers to our Company. “Party”, “Parties” or “Us”, refers to both the Customer and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to carry out the process of our assistance to the Client in the most appropriate manner for the express purpose of satisfying the needs of the Client with respect to the provision of the indicated services. by the Company, in accordance with and subject to the current legislation of the Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they, are considered interchangeable and therefore refer to the same.
We employ the use of cookies. By accessing Aquaduck, you agree to use cookies in accordance with Aquaduck’s Privacy Policy.
Most interactive websites use cookies to enable us to retrieve user details for each visit. Our website uses cookies to enable the functionality of certain areas to make it easier for people who visit our website. Some of our affiliate/advertising partners may also use cookies.
Unless otherwise indicated, Aquaduck and/or its licensors own the intellectual property rights to all material on Aquaduck. All intellectual property rights are reserved. You may access this from Aquaduck for your personal use subject to the restrictions set out in these terms and conditions.
Upon transfer at any time, lead capture forms, chat features, analytics, advanced SEO optimization, and high-speed performance, among others, will no longer be provided by Aquaduck and will become the customer’s responsibility. Aquaduck will transfer the WordPress pages to the customer’s account without the additional benefits provided during the subscription period.
Aquaduck reserves the right to cancel a customer’s membership at any time, for any reason, without prior notice.
By subscribing to the Location Domination service, you agree to grant Aquaduck control of your Google Business Profile. You acknowledge and consent that Aquaduck will make changes to your Google Business Profile to optimize it for higher ranking in search engine results.
Parts of this website provide an opportunity for users to post and exchange opinions and information in certain areas of the website. Aquaduck does not filter, edit, publish or review Comments prior to their presence on the website. The comments do not reflect the views or opinions of Aquaduck, its agents and/or affiliates. Comments reflect the views and opinions of the person posting their views and opinions. To the extent permitted by applicable laws, Aquaduck shall not be liable for Comments or for any liability, damage or expense caused and/or suffered as a result of any use and/or publication and/or appearance of Comments on this website. .
Aquaduck reserves the right to monitor all comments and remove any comments that may be deemed inappropriate, offensive, or in violation of these Terms and Conditions.
You warrant and represent that:
The following organizations may link to our website without prior written approval:
These organizations may link to our homepage, postings or other information from the Website provided that the link: (a) is not misleading in any way; (b) does not falsely imply sponsorship, endorsement or approval of the linked party and its products and/or services; and (c) fits within the context of the linked party’s site.
We may consider and approve other link requests from the following types of organizations:
We will approve link requests from these organizations if we decide that: (a) the link would not cause us or our accredited businesses to be viewed unfavorably; (b) the organization has no negative records with us; (c) the benefit to us of the visibility of the hyperlink compensates for the absence of Aquaduck; and (d) the link is in the context of general resource information.
These organizations may link to our home page as long as the link: (a) is not misleading in any way; (b) does not falsely imply sponsorship, endorsement or approval of the linked party and its products or services; and (c) fits within the context of the linked party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must let us know by sending an email to Aquaduck. Please include your name, the name of your organization, contact information, as well as the URL of your site, a list of the URLs from which you intend to link to our website, and a list of the URLs of our site to which you would like Link. Please allow 2-3 weeks for a response.
Approved organizations may hyperlink to our website as follows:
No use of Aquaduck logo or other artwork for linking will be permitted in the absence of a trademark license agreement.
Without prior approval and written permission, you may not create frames around our web pages that alter in any way the visual presentation or appearance of our website.
We will not be responsible for any content that appears on your website. You agree to protect and defend us against all claims arising from your website. No link should appear on any website that could be construed as libelous, obscene or criminal, or that infringes, otherwise violates or promotes the infringement or other violation of the rights of third parties.
Please read the Privacy Policy
We reserve the right to request that you remove all links or any particular link to our website. You agree to immediately remove all links to our website upon request. We also reserve the right to modify these terms and conditions and its linking policy at any time. By continually linking to our website, you agree to be bound by and abide by these linking terms and conditions.
If you find any link on our website that is offensive for any reason, you can contact and inform us at any time. We will consider requests to remove links, but we are not required to do so or respond directly to you.
We make no representation that the information on this website is correct, nor do we warrant its completeness or accuracy; nor do we promise to guarantee that the website will remain available or that the material on the website will be kept up to date.
To the fullest extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer:
The limitations and prohibitions of liability set forth in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, tort, and breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any kind.
Last Updated Date: May 7, 2024
THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, INSTEAD OF JURY TRIALS OR CLASS ACTIONS.
BY ORDERING SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND ACCEPT THESE TERMS AND CONDITIONS. IF YOU ORDER ON BEHALF OF AN ORGANIZATION, YOU AFFIRM THAT YOU HAVE THE LEGAL AUTHORITY TO BIND IT TO THESE TERMS.
YOU MAY NOT ORDER SERVICES FROM THIS WEBSITE IF YOU (A) DISAGREE WITH THESE TERMS, (B) ARE UNDER 18 YEARS OLD OR NOT LEGALLY ABLE TO FORM A BINDING CONTRACT WITH Aquaduck, OR (C) ARE PROHIBITED BY LAW FROM ACCESSING THIS WEBSITE OR ITS CONTENTS OR SERVICES.
Terms of Service (“Agreement”) between Aquaduck and you govern your use of our graphic design platform at aquaduck.co (“Site”) and the services we provide (“Services”). By using this Site, you acknowledge that you have read, understood, and agree to be bound by this Agreement. Any changes to the Terms are effective as of the “Last Updated Date” on the Site. Review these Terms before purchasing any product or service. Your use of this Site after the “Last Updated Date” indicates your acceptance of such changes.
These Terms are part of the Website Terms of Use that apply to our Site. Review our Privacy Policy (Section 2) before ordering services.
This Site is controlled and operated by us from the United States. We make no representation that materials on the Site are appropriate or available for use in other locations, and access from territories where its contents are illegal is prohibited. Compliance with all applicable laws is your responsibility if you access this site from outside the United States.
Our privacy policy, available at aquaduck.co, describes how we may use your personal information. By using this Site, you accept the Privacy Policy, incorporated herein by reference. If you object to your personal information being used as described, please leave this Site immediately. You must be at least 18 to access this Site.
3.1 Upon subscribing and paying for a plan, we will make the Services available to you during the subscribed term. We will use reasonable efforts to provide the Services, subject to downtime and maintenance. We may modify, replace, or discontinue the Services at any time, without notice.
3.2 Access and use of the Services must comply with this Agreement. You agree to provide accurate information, update it promptly, maintain password security, and notify us of any unauthorized account use. Each user must have a separate username and password. You must provide a valid email address for each authorized user.
3.3 You are responsible for obtaining and maintaining all equipment and services needed to access and use the Services and for related charges.
3.4 We may terminate your account without notice or liability if, in our sole discretion, you violate this Agreement, share usernames or passwords, violate our values, or abuse our services or team.
3.5 “Licensed Content” means content we own or license. You grant us a license to exploit any feedback you provide.
3.6 Subject to your compliance, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Services for your internal business purposes. You may not monitor the Services for competitive purposes or use them for illegal purposes.
4.1 You may use the Services for any number of projects and scope under your plan. While we accept unlimited requests and revisions, our output depends on request volume and complexity. We suggest not using our Services for time-sensitive projects.
4.2 Upon file delivery, review and notify us of any errors or omissions within seven (7) days. We will try to rush edits for mistakes reported during this period.
4.3 You own all Customer Content you provide. By submitting it, you represent that you own it or have necessary rights, licenses, and authorization. You grant us a license to use Customer Content to provide the Services.
4.4 You own all rights to deliverables, including intellectual property rights. For “work made for hire,” deliverables are deemed as such for you. We assign you all rights in deliverables that do not constitute “work made for hire.”
4.5 We own all rights to pre-existing materials. You have a license to use, display, and distribute pre-existing materials necessary for the Services.
4.6 Our Service must not be used to discriminate or incite discrimination. We may terminate or suspend your access without notice if we believe your use is discriminatory.
5.1 Payment of recurring fees is required for using our Services. Upon registration, you authorize us to charge your method of payment for fees and taxes based on your chosen billing frequency. Overdue charges may accrue interest. Non-payment may result in account termination.
5.2 We may change our fees with 5 days’ notice. By continuing to use the Services, you accept the changes. Temporary promotions or fee reductions may not be notified.
5.3 You may cancel your subscription at any time. Upon cancellation, you can continue using your account and accessing design files until the end of your paid term. No refunds or credits are provided for partial months, downgrades, or unused time.
5.4 Our 30-day Customer Satisfaction period applies to monthly plans only. A full refund may be requested within 30 days from sign-up date. Renewals are not eligible. We reserve the right to refuse a refund.
6.1 “Confidential Information” means non-public or proprietary information, including business, products, services, research, development, design, and marketing details.
6.2 You may disclose Confidential Information to us, and we agree to hold it in confidence and not disclose it to third parties, except as approved by you.
6.3 We may disclose Confidential Information to you, and you agree to hold it in confidence and not disclose it to third parties, except as approved by us.
6.4 Certain information is not Confidential Information, including publicly known information, information in your possession before disclosure, independently developed information, and information from a third party not in violation of this Agreement.
6.5 Confidentiality obligations survive for five (5) years after this Agreement’s termination.
7.1 By using our Services, you grant Aquaduck a limited, non-exclusive, non-sublicensable, royalty-free worldwide license to use, publish, and display any deliverables created in connection with the Services for marketing and advertising purposes (the “Portfolio Rights License”). You may revoke the Portfolio Rights License at any time by sending a written notice to info@aquaduck.co. If you revoke the Portfolio Rights License, Aquaduck will cease using your deliverables for marketing and advertising purposes, although your deliverables may continue to exist elsewhere online where they have been used in accordance with the Portfolio Rights License.
8.1 This Agreement will terminate upon the expiration or termination of your account or subscription to a Service. All provisions of this Agreement that by their nature should survive termination will survive, including accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
8.2 Aquaduck may terminate this Agreement at any time upon notice if you default or breach this Agreement. Upon expiration or termination of your account or subscription to a Service, all rights under this Agreement relating to such Service will immediately terminate, and you will lose access to the applicable Service, including your account and Customer Content or other files. If Aquaduck terminates the Agreement for your breach, any licenses to Licensed Content will also terminate.
9.1 Aquaduck represents and warrants that you will receive a valid license to all deliverables, free and clear of all encumbrances and liens, except for Licensed Content and other pre-existing materials, which may be subject to additional terms and restrictions. EXCEPT AS SPECIFICALLY SET FORTH IN THIS SECTION 9.1, THE SITE AND THE SERVICES ARE PROVIDED “AS IS, AS AVAILABLE.” AQUADUCK MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR OTHER VIOLATION OF RIGHTS.
10.1 Aquaduck WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, DATA, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES. TO THE EXTENT PERMITTED BY LAW, AQUADUCK’S TOTAL LIABILITY, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED OR EXPRESSED WARRANTIES, SHALL NOT EXCEED FIFTY DOLLARS, REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT, OR OTHERWISE. THIS LIMITATION OF LIABILITY SHALL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS FOUND TO BE UNCONSCIONABLE.
11.1 You agree to defend, indemnify, and hold Aquaduck harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected to Customer Content or your use of the Services or any deliverables. You shall cooperate as required by Aquaduck in the defense of any claim. Aquaduck reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not settle any claim without Aquaduck’s prior written consent.
12.1 Aquaduck may provide links to third-party platforms for your convenience. Aquaduck does not endorse or take responsibility for the content or practices of such third parties.
13.1 Aquaduck takes claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from Aquaduck’s platform infringe your copyright, you may request the removal of those materials by submitting a written notification to Aquaduck’s designated agent.
13.2 In accordance with the Digital Millennium Copyright Act (DMCA), the written notice must include: (1) your physical or electronic signature; (2) Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list; (3) Identification of the material you believe to be infringing; (4) Adequate information to contact you; (5) A statement that you have a good faith belief that use of the material is not authorized; (6) A statement that the information in the notice is accurate; (7) A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
13.3 Aquaduck’s designated agent to receive DMCA Notices is:
Aquaduck
Attn: Legal Department
info@aquaduck.co
14.1 This Agreement is governed by the laws of the State of California, without regard to any conflict of law principles. Any legal action relating to or arising out of this Agreement shall be instituted in a state or federal court of competent jurisdiction in California. The parties agree to submit to the exclusive jurisdiction of, and venue in, these courts.
14.2 If no court in California has jurisdiction, then the parties shall resolve any dispute through binding arbitration administered by the American Arbitration Association in California in accordance with its rules. All aspects of the arbitration proceeding will be strictly confidential.
15.1 This Agreement and its rights and obligations are personal to you, and you may not assign or transfer this Agreement or any of your rights or obligations hereunder without Aquaduck’s prior written consent. Aquaduck may freely assign this Agreement, including in connection with a merger, acquisition, bankruptcy, reorganization, or sale of assets or stock.
16.1 If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement will remain in full force and effect. The invalid, illegal, or unenforceable provision will be replaced by a valid, legal, and enforceable provision that comes closest to the intent of the parties.
17.1 The failure of either party to enforce any provision of this Agreement shall not be deemed a waiver of that provision or any other provision. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach.
18.1 Aquaduck will not be liable for any failure or delay in performance of its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, pandemics, government action, natural disasters, or labor disputes.
19.1 This Agreement constitutes the entire agreement between you and Aquaduck regarding the Services and supersedes all prior agreements, whether written or oral, relating to the subject matter herein.
