By using Date or Duck, you agree to the following terms and conditions ("Terms and Conditions of Use"), effective October 21 2021.

Date or Duck ("We", "Us", "Our") is a dating website ("Website", "Service"). Users who access this website (collectively or individually "You" or "Your" or "User" or "Users") must do so under the following Terms and Conditions of Use and Privacy Policy (COLLECTIVELY, THIS “Agreement”).

This constitues a legally binding agreement. Please read it carefully. By using, downloading or accessing our Services you acknowledge that you have read, understood, and agree to be bound by the terms of this agreement. If you do not agree, you must cease using the Service immediately.

RESOLVING DISPUTES WITH YOU: SECTION 17 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED. IN PARTICULAR, THE ARBITRATION AGREEMENT IN THAT SECTION WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT OUT. IN ADDITION: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, AND NOT IN ANY CLASS OR REPRESENTATIVE PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTION 21 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.

You may receive a copy of this Agreement by emailing Us at: dateorduck@gmail.com, Subject: Terms of Service Agreement. We recommend that you save a copy for your records.

1. NO UNDERAGE PERSONS PERMITTED TO USE THIS SERVICE. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) YEARS IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW, POSSESS OR OTHERWISE USE THE SERVICES.

2. YOU MUST BE A LEGAL ADULT. YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY EIGHTEEN (18) YEARS OF AGE OR OVER (TWENTY-ONE (21) YEARS IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) AND YOU ARE CAPABLE OF LAWFULLY ENTERING INTO AND PERFORMING ALL THE OBLIGATIONS SET FORTH IN THIS AGREEMENT.

3. SAFETY. DATE OR DUCK IS NOT RESPONSIBLE FOR YOUR USE OF THE SERVICES OR FOR THE ACTIONS OF OTHER USERS WITH WHOM YOU MAY EXCHANGE INFORMATION. DATE OR DUCK DOES NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS USERS. DATE OR DUCK ALSO IS NOT RESPONSIBLE FOR ACTIVITIES OR LEGAL CONSEQUENCES OF YOUR USE IN LOCATIONS WHICH MAY ATTEMPT TO CRIMINALIZE OR LIMIT YOUR PERSONAL INTERACTIONS. YOU MUST MAKE YOUR OWN INFORMED DECISIONS ABOUT USE OF THE APPLICATION IN YOUR LOCATION AND ASSESS ANY POTENTIAL ADVERSE CONSEQUENCES.

THE SERVICES ARE INTENDED ONLY AS PERSONAL, LOCATION-BASED SERVICES FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE. DATE OR DUCK IS NOT SUITED OR INTENDED FOR FAMILY FINDING PURPOSES, FLEET TRACKING, OR ANY OTHER TYPE OF BUSINESS OR ENTERPRISE USE. OTHER PRODUCTS EXIST TODAY THAT MAY BE USED SPECIFICALLY FOR THESE PURPOSES.

1. Use Outside Australia. The Services are controlled and offered from Australia and, regardless of Your place of residence, Your use of them is governed by the law of the State of Victoria, Australia. Date or Duck makes no representations that the Services are appropriate for use in other locations or are legal in all jurisdictions. Those who access or use the Services from other locations do so at their own risk and are responsible for compliance with local law. You consent to the transfer and processing of Your data in Australia and any other jurisdiction throughout the world.

2. English Language. This Agreement was written in English and to the extent the translated version of this Agreement is inconsistent with the English version, the English version will control. Similarly, Date or Duck reserves the right to correct translation errors and similar issues occasioned by the offering of local language versions of this Agreement and the Services.

1. Your Account Registration. If You create an account (a “User Account”) and submit information to Us, You must ensure that such information is accurate. You must promptly update such information if it changes.

2. Accounts are Personal. You may not use anyone else’s account at any time. You may not buy, sell, rent, or lease access to Your User Account or Your username without Our written permission. You will not share or otherwise transfer Your User Account or credentials.

3. Security of Your Account. You are entirely responsible for maintaining the confidentiality of Your password and account. You are entirely responsible for any and all activities that occur under Your account. You agree to notify Us immediately of any unauthorized use of Your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or attorneys’ fees that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by Us or a third party due to someone else using Your account, regardless of whether they are authorized.

4. We Have No Obligation to Retain a Record of Your Account. Date or Duck has no obligation to retain a record of Your account or any data or information that You may have stored for Your convenience by means of Your account or the Services.

Our collection, use, and sharing of personal and other information about You is subject to Our Privacy Policy. You understand that through Your use of the Services You consent to the collection, retention, use, and sharing of this information as set forth in Our Privacy Policy, including the transfer of Your personal information from Your country of residence to Australia or other countries where the laws regarding privacy may differ.

We reserve the right, at Our discretion, to modify, add, or discontinue the Services or any portion thereof, at any time, for any reason, and without notice or liability to You. We reserve the right at any time to charge fees for access to all or portions of the Services and change any such pricing at any time.

The Services are owned and operated by Date or Duck. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including the mobile device applications, and all other elements of the Services (collectively, the “Materials”) are protected by Australia copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials are the property of Date or Duck. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

WE MAY DELETE YOUR SUBMISSIONS AND WE MAY BAN YOUR ACCOUNT. We can request that You delete, or we may delete, any User Content (as defined below) at any time for any reason, or no reason whatsoever. Any violation of the Guidelines by Your User Content, as determined by Date or Duck, may result in Your User Account being banned and may lead to the termination of Your access to the Date or Duck Services. YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS REGARDING PROHIBITED CONDUCT AND USES LISTED BELOW: You will NOT use the Date or Duck Services or any information displayed within the Date or Duck Services to “stalk,” harass, abuse, defame, threaten or defraud other Users; violate the privacy or other rights of Users; or collect, attempt to collect, store, or disclose without permission location or personal information about other Users; You will NOT include offensive or pornographic materials, or materials that are harmful in Your Date or Duck Services personal profile page; You will NOT use the Date or Duck Services for any commercial or non-private use, such as the sale or advertisement of goods or services, and You understand that the Date or Duck Services are for personal, non-commercial use only in the manner and for the purposes that We intend; You will NOT use the Date or Duck Services for the commission or encouragement of any illegal purpose, or in violation of any local, state, national, or international law, including laws governing criminal acts, prohibited or controlled substances, intellectual property and other proprietary rights, data protection and privacy, and import or export control; You will NOT include material on Your personal profile page which contains video, audio, photographs, or images of any person under the age of eighteen (18) at all or any person over the age of eighteen (18) without his or her express permission; You will NOT make unsolicited offers, advertisements, proposals, or send junk mail to other Users of the Date or Duck Services. This includes unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures, surveying or requests to participate in surveys or studies; You will NOT impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Date or Duck User Accounts of other Users; You will NOT misrepresent the source, identity or content of information transmitted via the Date or Duck Services; You will NOT display the Date or Duck application or profile data on any external display or monitor or in any public setting; You will NOT remove, circumvent, disable, damage or otherwise interfere with security-related features of the Date or Duck Services, features that prevent or restrict use or copying of any content accessible through the Date or Duck Services, or features that enforce limitations on use of the Date or Duck Services; You will NOT intentionally interfere with or damage operation of the Date or Duck Services or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code; You will NOT post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful; You will NOT post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other rights of any person; You will NOT use the Date or Duck Services with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications; You will NOT use the Date or Duck Services in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the Date or Duck Services could lead to death, personal injury, or physical or property damage; You will NOT attempt to gain unauthorized access to the Date or Duck Services, or any part of it, other accounts, computer systems or networks connected to the Date or Duck Services, or any part of it, through hacking, password mining or any other means, or interfere or attempt to interfere with the proper working of the Date or Duck Services or any activities conducted on the Date or Duck Service; You will NOT probe, scan, or test the vulnerability of the Date or Duck Services or any system or network; use any robot, spider, scraper or other automated means to access the Date or Duck Services for any purpose without Our express written permission; bypass Our robot exclusion headers or other measures We may use to prevent or restrict access to the Date or Duck Services; modify the Date or Duck Services in any manner or form; use or develop any application that interacts with the Date or Duck Services or provides access to other Users’ content or information without Our written permission; or use modified versions of the Date or Duck Services, including for the purpose of obtaining unauthorized access to the Date or Duck Services; and You will NOT interfere with anyone’s ability to use or enjoy the Date or Duck Service, or aid or encourage any activity prohibited by this Agreement.

You acknowledge that some of the Date or Duck Services may only be accessed via the Website. You will not have the opportunity to view Your User Contents (including chat) unless You have logged into the website and and registered an account. Date or Duck RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY USER’S USE OF THE Date or Duck SERVICE, INCLUDING A USER’S REGISTRATION OR MESSAGING, AS WELL AS A USER’S USE OF OR ACCESS TO THE LOCATION INFORMATION AND PROFILES OF OTHER USERS. ACCORDINGLY, Date or Duck ALSO RESERVES THE RIGHT TO (A) DISABLE ANY USER’S USE OF OR ACCESS TO THE Date or Duck SERVICES, INCLUDING THE LOCATION INFORMATION OR PROFILES OF OTHER USERS OR (B) TERMINATE ANY USER’S ACCOUNT, FOR ANY REASON AND WITHOUT ANY NOTICE OR OUR BEING LIABLE TO YOU. You alone are responsible for Your involvement with other Users. You agree that Date or Duck will not be responsible for any loss or damage incurred as the result of any such interactions. Date or Duck reserves the right, but has no obligation, to monitor disagreements between You and other Users. Date or Duck does not control the content of User Accounts and profiles. Date or Duck has the right, but does not have any obligation, to monitor such content for any purpose. You acknowledge that You are solely responsible for all content and material that You provide to the Date or Duck Services.

Date or Duck RESERVES THE RIGHT TO REFUSE OR SUSPEND ACCESS TO ANY USER, FOR ANY REASON OR NO REASON, AND WITHOUT ANY NOTICE. Date or Duck may terminate any User Account You have with the Date or Duck Services or Your use of the Date or Duck Services or any portion thereof. Date or Duck may also remove and discard all or any part of Your User Account or any User Content (as defined below), at any time. You agree that any termination of Your access to the Date or Duck Services or any User Account You may have or portion thereof may be effected without prior notice, and You agree that Date or Duck will not be liable to You or any third party for any such termination. For example, We may deactivate Your account due to prolonged inactivity. Without limitation of our other rights, We reserve the right to delete all Your User Content from the Date or Duck Service upon any termination or cancellation of Your User Account. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of Your use of the Date or Duck Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Date or Duck may have at law or in equity. If You believe that Date or Duck has suspended or terminated Your User Account in error, You may contact Us at dateorduck@gmail.com at any time.

The Date or Duck Services allow the submission of content and materials (such as pictures, ideas, notes, concepts, or creative suggestions) by You and other Users to Date or Duck and other Users (“User Content”), and the hosting, sharing and/or publishing of such User Content with Date or Duck and other Users. You are solely responsible for Your own User Content and the consequences of posting or publishing them. In connection with User Content, You affirm, represent, and warrant that: (i) You own, or have the necessary licenses, rights, consents, and permissions to use, and authorize Date or Duck to use, all intellectual property and any other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Date or Duck Services and this Agreement; and (ii) You have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Date or Duck Services and this Agreement. For clarity, You shall retain all of Your ownership rights in Your User Content. You understand that when using the Date or Duck Services, You will be exposed to User Contents from a variety of sources, and that Date or Duck is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent or objectionable. Date or Duck assumes no responsibility whatsoever in connection with or arising from User Content. Date or Duck assumes no responsibility for actively monitoring User Content for inappropriate content. If at any time Date or Duck chooses, in its sole discretion, to monitor User Content, Date or Duck nonetheless assumes no responsibility for the content of the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting User Content. Further, Date or Duck does not endorse and has no control over the content of User Content submitted by other Users. Date or Duck makes no warranties, express or implied, as to the content of User Content or the accuracy and reliability of any User Content. Nonetheless, Date or Duck reserves the right to prevent You from submitting User Content and to edit, restrict or remove User Content for any reason at any time. User Content is owned by the User who submitted them, subject to Date or Duck’s license to such User Content under this Agreement. You may not share, display or duplicate the User Content of any other party, except as permitted under this Agreement. You hereby grant, and You represent and warrant that You have the right to grant, to Date or Duck an irrevocable, nonexclusive, royalty-free and fully paid worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit Your User Content, (through unlimited tiers of sublicenses), solely for the purposes of including Your User Content in the Date or Duck Services and as otherwise permitted by this Agreement. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your User Content. You also hereby grant to Date or Duck, in connection with a sale of Date or Duck or the assets of Date or Duck, the right to sell or transfer the User Content to a third party. Please see Our Privacy Policy for additional information about the use, collection, or sharing of Your information, including User Content. If You provide Date or Duck with any feedback or suggestions regarding the Date or Duck Services (“Feedback”), You hereby assign to Date or Duck all rights in the Feedback and agree that Date or Duck shall have the right to use such Feedback and related information in any manner it deems appropriate. Date or Duck will treat any Feedback You provide to Date or Duck as non-confidential and non-proprietary to You. Date or Duck will have no obligation under any circumstances to compensate You for any Feedback. You agree that You will not submit to Date or Duck any information or ideas that You consider to be confidential or proprietary, or for which You expect to be compensated.

THE Date or Duck SERVICES AND ANY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Date or Duck SERVICES ARE PROVIDED, TO THE FULLEST EXTENT PERMITTED BY LAW, “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. Date or Duck, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Date or Duck AND ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE Date or Duck SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE Date or Duck SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Date or Duck AND ITS SUPPLIERS AND PARTNERS (INCLUDING Date or Duck’S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY LOCATION INFORMATION OR THE OTHER Date or Duck SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT Date or Duck OR ITS SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICES OR EQUIPMENT NECESSARY TO ACCESS THE Date or Duck SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE Date or Duck SERVICES AT YOUR OWN DISCRETION AND RISK. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

You agree to indemnify, defend, and hold Date or Duck (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, brought by a third party arising out of or related to (a) Your use or misuse of any location information or the other Date or Duck Services generally, (b) any violation of the rights of any other person or entity by You, (c) any alleged breach or violation by You of this Agreement, or (d) Your use of the Date or Duck Services to meet another User in person or to locate and attend any offline place or event. Date or Duck reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate with Our defense of these claims. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive this Agreement and Your use of the Date or Duck Services.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL Date or Duck (WHICH INCLUDES, FOR PURPOSES OF THIS SECTION 18, ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS) BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) YOUR USE OF THE Date or Duck SERVICES; (B) OUR DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; (C) YOUR USE OR INABILITY TO USE THE Date or Duck SERVICES; (D) THE Date or Duck SERVICES GENERALLY (INCLUDING THE Date or Duck SOFTWARE) OR SYSTEMS THAT MAKE THE Date or Duck SERVICES AVAILABLE; OR (E) ANY OTHER INTERACTIONS WITH Date or Duck OR ANY OTHER USER OF THE Date or Duck SERVICES, EVEN IF Date or Duck OR A Date or Duck AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND, TO THE EXTENT PERMITTED BY LAW, WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL Date or Duck’S (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS OR SUPPLIERS) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE Date or Duck SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE Date or Duck SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR FIFTY DOLLARS, WHICHEVER IS GREATER. THIS SECTION 18.2 IS NOT INTENDED TO EXCLUDE LIABILITY THAT Date or Duck MAY NOT EXCLUDE UNDER APPLICABLE LAW.

YOU ACKNOWLEDGE AND AGREE THAT Date or Duck HAS OFFERED THE Date or Duck SERVICES, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH ABOVE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND Date or Duck, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND Date or Duck. Date or Duck WOULD NOT BE ABLE TO PROVIDE THE Date or Duck SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.

To the fullest extent permitted by applicable law, You hereby release and forever discharge Us (and Our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, emotional distress, identity theft, death, and property loss and damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, (1) any interactions with, or act or omission of, or User Content provided by, other Date or Duck Services Users or (2) any third-party site, products, services, and links included on or accessed through the Date or Duck Service. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

You and Date or Duck agree that any dispute that has arisen or may arise between us relating in any way to Your use of or access to the Date or Duck Services or the Date or Duck Software, any validity, interpretation, breach, enforcement, or termination of this Agreement, or otherwise relating to Date or Duck in any way (collectively, “Covered Dispute Matters”) will be resolved in accordance with the provisions set forth in this Section 17. Informal Resolution. If You have any dispute with Us, You and We agree that before taking any formal action, You will contact Us at legal@Date or Duck.com, provide a brief, written description of the dispute and Your contact information (including Your email address associated with Your User Account, if Your dispute relates to an account) and allow sixty (60) days to pass, during which We will attempt to reach an amicable resolution of any issue with You. Applicable Law. You and We agree that Australia federal law including the Federal Arbitration Act, and (to the extent not inconsistent with or pre-empted by federal law) the laws of the State of California, USA, without regard to conflict of laws principles, will govern all Covered Dispute Matters. Such body of law will apply regardless of Your residence or the location of where You use the Date or Duck Services.

Severability, Waiver of Agreement Provisions. You and We agree that if any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement. Notices. Date or Duck may provide You with notices, including those regarding changes to this Agreement, by email or postings on the Date or Duck Services. You hereby consent to the use of electronic communications. You May Not Assign, But Date or Duck May. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You. However, Date or Duck may at any time and for any reason transfer or assign without restriction this Agreement and the obligations contained in the Agreement to a third party. You hereby acknowledge and agree that if another company acquires Our company, business, or Our assets, that transaction may include a sale or transfer of Your User Content, and You agree to such transfer without further action or confirmation.

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