Digital Downloads Terms of Use

Duck Soup Productions Digital Download Terms and Conditions of Sale

This Agreement governs the terms by which purchasers of Duck Soup Productions products obtain the right to use the digital content of Duck Soup Productions through the website located at www.tarotbyducksoup.com.

By downloading Content purchased from this site, you accept these Terms, and agree to be bound by its provisions. If you do not accept or agree with these terms, do not purchase download-only products.

1. Downloading Terms

We hereby grant to you a perpetual, non-exclusive, non-transferable, worldwide license to use the Content for the Permitted Uses only (as defined below). All rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by Duck Soup Productions or Douglas Thornsjo, as is applicable.

2. Permitted Uses

(a) You may only use the Content for personal use only on your personal devices only. For clarity, you may not use the Content in products for resale, license, or any other distribution. For example, you are not permitted to modify the Content, print it in any form, and sell it to others for consumption, reproduction or re-sale. Any use of the Content that is not a Permitted Use shall constitute infringement of copyright.

(b) Restrictions. You are permitted to use the Content for personal use only, although you may transfer files among your personal devices such as phone, tablet, laptop, or desktop computer. You may install and use the Content in only one location at a time for each file, although there is no time limit on the duration you can use it for. You may physically transfer the Content from one location to another i.e., distributing it among your personal devices. If you require the Content to be in more than one location or accessible by more than one person, you must download the Content from the Site for each such use or individual. You may make only one (1) copy of the Content solely for back-up purposes.

If there is any doubt that a proposed use is a Permitted Use, you should contact Duck Soup Productions at DThornsjo@twc.com.

3. Standard License Prohibitions

(a) Prohibited Uses. You may not do anything with the Content that is not expressly permitted in the preceding section. For greater certainty, the following are “Prohibited Uses” and you may not, either individually or in connection with others:

use the Content in any form, format, or applications intended for resale, license, or other distribution, whether online or not, regardless of profit or revenue;
use or display the Content on websites or other venues designed to induce or involving the sale, license, or other;
use the Content in books, magazines, newspapers, or any other publication, regardless of whether the final product is offered for sale, resale, license, or other form of distribution;
incorporate the Content in any product that results in a re-distribution or re-use of the Content or is otherwise made available in a manner such that a person can extract or access or reproduce the Content as an electronic file;
use the Content in a fashion that is considered by Duck Soup Productions (acting reasonably) as or under applicable law is considered obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Content into disrepute;
remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Content;
sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content or the rights granted under this Agreement;
install and use the Content in more than one location at a time or post a copy of the Content on a network server or web server for use by other users;
use or display the Content in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement.

4. Warranties and Liability

We make every effort to ensure that our products are accurate, authoritative and fit for the use of our customers. However, we take no responsibility whatsoever for the suitability of the product, and we provide no warranties as to the function or use of the product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. You agree to indemnify us against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these terms and conditions. Furthermore, we shall not be liable to you or any party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damage

5. General Provisions

(a) You specifically agree and acknowledge that you have, in addition to the terms of this Agreement, reviewed the Terms of Service and any other policies or agreements which may be incorporated by reference therein, and to the extent of their incorporation in this Agreement you agree to be bound by them.

(b) Duck Soup Productions’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

(c) This Agreement is personal to you and is not assignable by you without the prior written consent of Duck Soup Productions.

6. Contact

If you have concerns relating to this Agreement, please contact Duck Soup Productions by emailing DThornsjo@twc.com.

7. Acknowledgement

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT. IN CONSIDERATION OF DUCK SOUP PRODUCTIONS AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND DUCK SOUP PRODUCTIONS, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND DUCK SOUP PRODUCTIONS RELATING TO THE SUBJECT OF THIS AGREEMENT.