Terms of Use

We at Lil’ Duck Duck take copyright ownership very seriously (the intellectual property rights of photographers, studios, etc.). You must have permission to use your pictures and be the legal parent or guardian, of the child(ren) whose photos you submit if applicable. We reserve the right to follow-up and confirm these permissions by asking for a signed reprinting release or copy of a legally binding contract from the owner of the photo. If you have any questions about these terms of use, please contact our Customer Service department and we will be happy to explain in detail any part of these terms you wish. Thank you for your patronage and we hope you enjoy your cards as we enjoy making them.

Materials Submitted by Customer:
Any materials submitted by you including, without limitation, photographs, images, text, graphics and other materials (collectively, “User Submitted Materials”) are subject to the following terms and conditions:

•    You will retain ownership of such User Submitted Materials, and you grant Lil’ Duck Duck and its designees a worldwide, non-exclusive, transferable, royalty-free, perpetual  irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create  derivative works of, and publicly display such User Submitted Materials via print publications, on its website or the like in connection with the provision, production or promotion of any product or service by Lil’ Duck Duck.

•    You represent and warrant that you own or otherwise possess all necessary rights with respect to the User  Submitted Materials; that if you are not the author/owner of the User Submitted Materials you have been given a release to use, reproduce, duplicate and/or create a derivative  of the User Submitted Materials from the author/owner; that  your User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any copyright, trade secret right or other intellectual property or property right of any third party; that the User Submitted Materials are not unlawful, fraudulent,  threatening, abusive, libelous, defamatory, obscene or otherwise  objectionable; and that you have the right to grant the licenses heretofore  granted to Lil’ Duck Duck.

•    None of the User Submitted Materials will be subject to any obligation whatsoever, whether of confidentiality, attribution or otherwise,  on Lil’ Duck Duck’s part or on the  part of any of Lil’ Duck Duck’s  assignees, sublicensees or designees, and neither Lil’ Duck Duck nor its assignees, sublicensees  or designees will be liable for any use or disclosure of any such User Submitted Materials.

•    You agree that Lil’ Duck Duck may (but are not obligated to) filter any User Submitted Materials  (including, without limitation, by deleting or replacing expletives or other harmful or offensive language), alter or refuse to use any User Submitted Materials (including, without limitation, by suspending processing and shipping of any order relating to any User Submitted Materials), and/or  disclose any User Submitted Materials and the circumstances surrounding the  use thereof, to any third party in order to provide the applicable products or  services, to protect Lil’ Duck Duck or Lil’ Duck  Duck’s affiliates, distributors, partners, licensors, licensees or  other third parties, to comply with legal obligations or governmental  requests, or for any other reason or purpose.

•    You agree to indemnify, defend and hold Lil’ Duck Duck and its directors,  officers, shareholders, employees, consultants, agents, representatives,  affiliates, distributors, partners, licensees, producers, manufacturers, and  third party users harmless from and against any and all claims, liabilities,  causes of action, damages, losses and expenses (including, without limitation,  attorneys’ fees) that arise directly or indirectly out of or from: (i) your  breach of these Terms, any other agreement or terms of use with Lil’ Duck Duck, and any representation or  warranty contained herein or therein; (ii) your User Submitted Materials;  and/or (iii) your activities in connection with obtaining any products or  services from Lil’ Duck Duck.

•   You agree that any controversy between Lil’ Duck Duck, it’s owners, representatives, employees, successors, assigns, officers, directors, predecessors, affiliates or agents (“Lil’ Duck Duck”) and You shall be governed and construed in accordance with the laws of the State of Florida and the federal laws of Florida without regard to or application of choice of law rules or principles.  Any claim or cause of action brought by You against Lil’ Duck Duck in relation to this Site, the goods or services provided to You by Lil’ Duck Duck, or any other cause of action arising under, in connection with or incident to these Terms of Use shall be litigated, if at all, before the United States District Court for the Middle District of Florida, Orlando Division or as to those lawsuits in which the Federal Courts lack subject matter jurisdiction, before a Court located in Orange County, Florida, to the exclusion of the Courts of any other county, state or country.

•   You agree to defend, indemnify, and hold harmless Lil’ Duck Duck, its officers, directors, shareholders, employees, agents, representatives, affiliates, partners and distributors from and against any and all claims, liabilities, causes of action, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Site, any actions or activities in connection with the Site, any actions or activities in connection with your account, your violation of these Terms, or the violation of any other terms and conditions of any other agreements or terms to which you are bound with Lil’ Duck Duck. You agree that Lil’ Duck Duck may at any time, and without notice, suspend or terminate your access to the Site if you fail to comply with the Terms or applicable law.

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