The following terms and conditions govern all use of the WhistlingDuck.net website and all content, services and products available at or through the website, including, but not limited to, the WhistlingDuck.net homepage site, and WhistlingDuck.net online software, (taken together, the Website). The Website is owned and operated by Over the Barn, LLC ("Over the Barn"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Over the Barn's Privacy Policy) and procedures that may be published from time to time on this Site by Over the Barn (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Automattic, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. Over the Barn may change or remove any information stored in your account that it considers inappropriate or unlawful, or otherwise likely to cause Over the Barn liability. You must immediately notify Over the Barn of any unauthorized uses of your account or any other breaches of security. Over the Barn will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Continued use of Whistling Duck requires selection of a subscription plan ("Plan"). By selecting a Plan you agree to pay Over the Barn the monthly or annual subscription fees indicated for that Plan. Payments will be charged on a pre-pay basis on the day you sign up for a Plan and will cover the use of service for a monthly or annual subscription period as indicated. Plan fees are not refundable.
Unless you notify Over the Barn before the end of the applicable subscription period that you want to cancel a Plan, your Plan subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Plan (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Plans can be canceled at any time in the settings section of your site.
This Agreement does not transfer from Over the Barn to you any Over the Barn or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Over the Barn. Over the Barn, Whistling Duck, the Whistling Duck logo, and all other trademarks, service marks, graphics and logos used in connection with Whistling Duck, or the Website are trademarks or registered trademarks of Over the Barn or Over the Barn's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Over the Barn or third-party trademarks.
Over the Barn reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Over the Barn may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Over the Barn may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Whistling Duck account (if you have one), you may notify Over the Barn and then simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Website is provided “as is”. Over the Barn and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Over the Barn nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
In no event will Over the Barn, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Over the Barn under this agreement during the twelve (12) month period prior to the cause of action. Over the Barn shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You represent and warrant that (i) your use of the Website will be in strict accordance with the Over the Barn Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless Over the Barn, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Over the Barn and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Over the Barn, or by the posting by Over the Barn of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Idaho, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Kootenai County, Idaho. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. 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 thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Over the Barn may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
There are real people behind Whistling Duck, so if you have a question or suggestion (no matter how small) please get in touch with us:
Whistling Duck