1 Acceptance of Terms

These Terms and Conditions ("Terms") govern your access to and use of the website located at www.the4amduckclub.com (the "Site"), owned and operated by The 4AM Duck Club ("we," "us," or "our"), a business based in the State of Arkansas.

By accessing or using the Site, you confirm that you are at least eighteen (18) years of age, that you have read and understood these Terms, and that you agree to be bound by them. If you do not agree to these Terms, you must not use the Site. We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Site following any changes constitutes acceptance of the revised Terms.

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2 Use of the Site

You agree to use the Site only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit their use and enjoyment of the Site. 

 

• Prohibited conduct includes, but is not limited to:

• Engaging in any conduct that is unlawful, fraudulent, deceptive, or harmful.

• Transmitting any unsolicited or unauthorized advertising or promotional material (spam).

• Attempting to gain unauthorized access to any part of the Site or its related systems.

• Using automated tools, bots, or scripts to interact with the Site without our express written permission.

• Uploading or transmitting any content that contains viruses, malware, or other harmful code.

• Impersonating any person or entity or misrepresenting your affiliation with any person or entity.

• Scraping, harvesting, or otherwise collecting data from the Site without authorization.

 

3 Intellectual Property

All content on the Site, including but not limited to text, graphics, logos, images, audio clips, and software, is the property of The 4AM Duck Club or its content suppliers and is protected by applicable United States and Arkansas intellectual property laws, including copyright and trademark law.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any content on the Site for any commercial purpose without our prior written consent. Personal, non-commercial use is permitted provided you do not remove any proprietary notices.

 

4 User-Submitted Content

If you submit, post, or share any content through the Site or our social media pages (including entry form submissions, comments, tags, or other materials), you grant The 4AM Duck Club a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, publish, and distribute such content in any media for promotional and operational purposes, without additional compensation to you, unless prohibited by applicable law.

You represent and warrant that you own or have the necessary rights to any content you submit, and that such content does not violate the rights of any third party or any applicable law.

 

5 Promotions, Sweepstakes & Giveaways

Any sweepstakes, contest, promotion, or giveaway offered through the Site or our social media pages is governed by its own Official Rules, which are incorporated by reference into these Terms. In the event of a conflict between these Terms and the Official Rules for a specific promotion, the Official Rules will control.

Participation in any promotion constitutes your agreement to the applicable Official Rules and these Terms. No purchase is necessary to participate unless otherwise stated.

 

6 Third-Party Links & Social Media

The Site may contain links to third-party websites and social media platforms, including Facebook and Instagram. These links are provided for your convenience only. We have no control over the content of those sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Accessing third-party sites is at your own risk and subject to those sites' own terms and policies.

The 4AM Duck Club's social media pages are subject to the respective terms of service of Facebook (Meta Platforms, Inc.) and Instagram, which are independent of these Terms.

 

7 Disclaimer of Warranties

The Site and all content, materials, and services provided through it are offered on an "as is" and "as available" basis, without warranties of any kind, either express or implied. To the fullest extent permitted by applicable Arkansas and federal law, The 4AM Duck Club disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or timeliness of any content on the Site.

 

8 Limitation of Liability

To the fullest extent permitted by applicable law, The 4AM Duck Club, its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Site, even if we have been advised of the possibility of such damages.

In no event shall our total liability to you for all claims arising from your use of the Site exceed the greater of (a) the amount you paid to us, if any, in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100.00 USD).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above limitations may not apply to you.

 

9 Indemnification

You agree to defend, indemnify, and hold harmless The 4AM Duck Club and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Site, your violation of these Terms, or your violation of any rights of a third party.

 

10 Privacy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference and available at www.the4amduckclub.com. By using the Site, you consent to the data practices described in our Privacy Policy.

 

11 Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Arkansas, without regard to its conflict of law provisions. Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site shall be resolved exclusively in the state or federal courts located in the State of Arkansas, and you consent to the personal jurisdiction of such courts.

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

 

12 Entire Agreement

These Terms, together with our Privacy Policy and any applicable Official Rules for specific promotions, constitute the entire agreement between you and The 4AM Duck Club regarding your use of the Site and supersede all prior agreements, understandings, and communications relating to that subject matter.

 

13 Contact Us

If you have any questions about these Terms and Conditions, please contact us:

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Website: www.the4amduckclub.com

Email: hello@the4amduckclub.com

Phone: 870-266-6545