Terms of Use

1. Acceptance of Terms

Welcome to Duck Race! By accessing or using our duck race random name picker application ("Service"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use the Service.

These Terms constitute a legally binding agreement between you and Duck Race. We reserve the right to modify these Terms at any time, and your continued use of the Service constitutes acceptance of any changes.

2. Description of Service

Duck Race is a free, browser-based random name picker and team selection tool that transforms traditional selection methods into an engaging animated duck race experience. The Service allows you to:

• Create and save race configurations with up to 1000 participants
• Run animated duck races to randomly select winners and determine rankings
• Customize duck appearance, race settings, and countdown timers
• Export and manage race results and participant lists
• Store race data locally in your browser for future use
• Share race configurations and results (feature coming soon)

3. User Responsibilities

3.1 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the Service in any way that violates applicable local, national, or international law
• Enter offensive, discriminatory, harassing, or inappropriate participant names
• Use the Service to make decisions in legally binding contexts without proper verification
• Attempt to circumvent, disable, or interfere with security features of the Service
• Use automated systems or software to extract data from the Service
• Reverse engineer, decompile, or disassemble any portion of the Service
• Transmit viruses, malware, or any malicious code through the Service
• Impersonate or misrepresent your affiliation with any person or entity

3.2 Content Responsibility

You are solely responsible for all participant names, race titles, and other content you enter into the Service. You represent and warrant that:

• You have the right to use all names and content you enter
• Your content does not violate any third-party rights (privacy, publicity, copyright, etc.)
• Your content does not contain defamatory, obscene, or offensive material
• You comply with all applicable laws and regulations regarding data protection

3.3 Data Management

Since all race data is stored locally in your browser, you are responsible for:

• Backing up important race configurations if needed
• Understanding that clearing browser data will delete all stored races
• Ensuring appropriate browser security and privacy settings
• Managing access to your device and browser

4. Randomization and Results

4.1 Random Selection

Duck Race uses randomization algorithms to determine race outcomes. While we strive to provide fair and unbiased random selection:

• Results are based on computer-generated randomness
• Each race produces independent random results
• No participant has a predetermined advantage or disadvantage
• Results cannot be predicted or manipulated by design

4.2 Entertainment and Educational Use

The Service is designed for entertainment, educational, and informal selection purposes. You acknowledge that:

• Duck Race is not certified for legal, official, or high-stakes decision-making
• Results should not be used as the sole basis for legally binding decisions
• The Service is ideal for classroom activities, team building, casual drawings, and fun selection
• For official purposes, results should be verified through appropriate means

5. Intellectual Property Rights

5.1 Our Content

The Service and its original content (excluding user-generated content), features, and functionality are and will remain the exclusive property of Duck Race and its licensors. The Service is protected by copyright, trademark, and other intellectual property laws.

Our trademarks, logos, and service marks displayed on the Service ("Marks") are the property of Duck Race. You are not permitted to use these Marks without our prior written consent.

5.2 User Content

You retain all rights to the participant names, race titles, and other content you create using the Service. By using the sharing feature (when available), you grant us a limited license to transmit and display your shared content as necessary to provide the Service.

5.3 License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or organizational use.

6. No Account Required

Duck Race operates without requiring user accounts or registration. This means:

• You can use the Service immediately without sign-up
• No username or password is needed
• All data is stored locally on your device
• We cannot recover data if you lose access to your device or browser
• Data does not sync across devices or browsers

7. Sharing Features

7.1 Sharing Functionality

The Service allows you to share race configurations and results with others through generated share links. When using sharing features:

• Sharing is entirely optional and user-initiated
• You control what content is shared
• Shared content may be accessible to anyone with the share link
• You are responsible for the content you choose to share
• Shared races are automatically deleted after 30 days
• Share links expire and become inaccessible after 30 days
• We cannot extend or restore expired shared races
• Your local race configurations remain unaffected by the 30-day deletion
• We reserve the right to remove shared content that violates these Terms

7.2 Service Updates

We may add, modify, or remove features at any time without prior notice. We will strive to maintain backward compatibility with existing race configurations, but cannot guarantee this in all cases.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranties that the Service will be uninterrupted, secure, or error-free
• Warranties regarding the accuracy, reliability, or quality of any content or information
• Warranties that defects will be corrected

Your use of the Service is at your sole risk. We do not warrant that the Service will meet your requirements or expectations.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DUCK RACE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your data or content
• Loss of data stored in your browser's localStorage
• Decisions made based on race results

IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED ONE HUNDRED US DOLLARS ($100) OR THE AMOUNT YOU PAID US IN THE LAST SIX MONTHS FOR THE SERVICE, WHICHEVER IS GREATER.

10. Indemnification

You agree to defend, indemnify, and hold harmless Duck Race and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Service
• Your violation of any rights of another party
• Content you enter into the Service
• Decisions made based on race results

11. Educational Use

Duck Race is well-suited for educational settings. Teachers and educators:

• May use the Service freely in classroom and school activities
• Should ensure student names and data are handled according to applicable education privacy laws (FERPA, COPPA, etc.)
• Are responsible for appropriate supervision of student use
• Should review and approve participant lists before running races in student-visible contexts
• Should be aware that data is stored locally and may be visible to others with access to the device

12. Availability and Termination

12.1 Service Availability

We strive to maintain the Service's availability but do not guarantee uninterrupted access. The Service may be unavailable due to:

• Maintenance or updates
• Technical issues or emergencies
• Factors beyond our control

12.2 Termination

We reserve the right to terminate or suspend access to the Service immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms.

Since no accounts are required, termination typically means restricting access from specific IP addresses or implementing technical measures to prevent Service abuse.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Duck Race operates, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the Service shall be resolved through:

• Good faith negotiations between the parties
• If negotiations fail, binding arbitration in accordance with applicable arbitration rules
• Each party shall bear its own costs and fees

14. Modifications to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will:

• Update the "Last Updated" date at the top
• Provide notice through the Service or on our homepage
• Allow a reasonable time period before new terms take effect

Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Duck Race regarding the Service and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the Service.