Privacy Policy

Boston Duck Tours respects the privacy of your information. Therefore, we provide this brief explanation about our online information practices as they may relate to your personal information. On our site, we request that you enter personal identifying information such as your name, address, telephone numbers and credit card numbers when you purchase tickets or merchandise from us. We use this information to expedite your purchase as well as to inform you of additional services that may be of interest you and to maximize your experience in using our site. In addition, we automatically gather general statistical data about our site and its visitors, such as your computers IP addresses, Internet browser, pages viewed, number of visits etc. We use this data to improve our marketing efforts, to analyze site usage, to improve content and product offerings and to customize our site’s content, layout and services to better serve your needs. Our use does not reference you by individual name, e-mail address, home address or telephone number and we will not sell, rent, or share this information with any other organization, except in some instances where we may share the information with a Boston Duck Tour Authorized Partner who we feel can help you meet your needs. For your protection, we also use reasonable and current security methods to prevent unauthorized access to data, maintain data accuracy, and to ensure the proper use of your information. By using this site, you signify your agreement with the Boston Duck Tour Privacy Statement. We reserve the right, at our discretion, to change, modify, add, or remove portions of this statement at any time. Your continued use of this site following changes to these terms means you accept those changes. If you have any questions or concerns please contact Group Sales at 617-450-0068.

Customer Photo and Video Sharing Terms of Use

These Terms of Use govern your conduct associated with the Customer Photo and Video Sharing service (the ” CPVS Service”) offered by Boston Duck Tours, Limited Partnership (“BDT”). To the extent there is any conflict between Boston Duck Tours Privacy Policy and these Terms of Use, these Terms of Use shall control with respect to the CPVS Service. By submitting any content to Boston Duck Tours, you represent and warrant that:

• you are the sole developer, creator and owner of the intellectual property rights thereto;
• any and all “moral rights” that you may have in such content have been voluntarily waived by you;
• all content that you post is accurate;
• you are at least 13 years old;
• your and Boston Duck Tours use of the content you supply does not violate these Terms of Use and will not violate the rights of or cause injury to any person or entity; and
• you have the permission of any and all persons whose photographs/likeness appear in the content to submit said content to Boston Duck Tours for use by Boston Duck Tours.

You further agree and warrant that you shall not submit, upload, post, transmit or distribute any content:

• that is false, inaccurate or misleading;
• that infringes any third party’s copyright, patent, trademark, trade secret or other intellectual property rights or rights of publicity or privacy;
• that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• that is, or may reasonably be considered to be, abusive, obscene, profane, indecent, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
• for which you were compensated or granted any consideration by any third party;
• that includes any information that references other websites, addresses, email addresses, passwords, contact information or phone numbers;
• that contains any computer viruses, spyware, worms or other potentially damaging computer programs or files.

For any content that you submit, you grant Boston Duck Tours a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or distribute such content, and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. You further agree that Boston Duck Tours shall have the unrestricted right to use any ideas or information contained in any content that you submit, or materials or ideas similar to them, in any medium, now existing or in the future developed, without notice, compensation or any other obligation to you or any other person. You further release and waive all claims against Boston Duck Tours with respect to any intellectual property or other proprietary rights, rights of publicity and privacy, rights of attribution, or any other liability under the governing law of the United States. Any content that you submit to Boston Duck Tours may or may not be published or used by Boston Duck Tours in its sole and absolute discretion. Boston Duck Tours reserves the right to edit, condense or delete any submitted content that is ultimately posted on Boston Duck Tours website if Boston Duck Tours deems, in its sole and absolute discretion, that such content violates these Terms of Use or for any other reason. Boston Duck Tours does not guarantee that you will have any recourse through Boston Duck Tours to edit or delete any content you have submitted. Boston Duck Tours may also need to provide disclosures with respect to any content submitted and published by Boston Duck Tours. Boston Duck Tours reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Boston Duck Tours, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Boston Duck Tours (as above defined). By submitting a photo or video, you agree that Boston Duck Tours may contact you about your photo or video and for other administrative purposes. Boston Duck Tours may share your comments along with identifying information to its third-party service providers, solely for customer service purposes. By submitting a photo or video, any information you submit may be directed to a third party site administered and hosted by a third party vendor retained by Boston Duck Tours, provided that, in such event, the third party vendor will have no right to use any such information other than uses necessary to fulfill its services to Boston Duck Tours. Boston Duck Tours MAKES NO EXPRESS OR IMPLIED WARRANTIES ABOUT THE PHOTO OR VIDEO SUBMISSION PROCESS, OR ANY RELATED WEBSITE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE PHOTO AND VIDEO SUBMISSION PROCESS IS MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE” AND Boston Duck Tours DOES NOT WARRANT THAT THEY WILL BE FREE OF DEFECTS. Under no circumstances shall Boston Duck Tours be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or inability to use, the photo and video submission process, or any related website, whether in an action of contract, tort, strict liability or negligence, or other actions, arising out of or in connection with the use or performance of the photo and video submission process, or any related website, even if Boston Duck Tours has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, Trojan horse or other harmful component. You agree to indemnify and hold Boston Duck Tours (as above defined), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party. These Terms of Use and their enforcement shall be governed by the laws of the Commonwealth of Massachusetts, excluding its conflict of laws provisions. You agree that any cause of action arising under or relating to these Terms of Use may be brought only in a court in Boston, Suffolk County, Massachusetts and you hereby accept and submit to the exclusive personal and subject matter jurisdiction and venue of such courts with respect to such actions.