Terms of Service
read these Terms of Service (this “Agreement”) carefully.
By clicking “accept” to this Agreement, or by accessing
or using the Service (as defined below), you consent to be bound by
Agreement is between you and pluckphoto, inc. (“Company,”
“us” or “we”) concerning your use of
Company's mobile application (together with successor application(s), updates
and upgrades thereto, referred to as the “App”) as well as your use of
any materials and services available in connection therewith, including
Company’s website (referred to as the “Site”). The App, Site, and all products
and services provided by us through the App and/or Site are referred to collectively
as the “Service.” This Agreement hereby incorporates by this reference
any additional terms and conditions posted by the Company on the App or Site to which
you agree (e.g. the purchase of additional products).
We may change this Agreement by notifying you of such changes by any
reasonable means, including by posting a revised Agreement on the App
or Site, and/or by sending to you a notice of the revised Agreement
by email or as an App notification. Any changes to this Agreement will
not apply to any dispute between you and us arising prior to the date
on which we posted the revised Agreement incorporating such changes,
or otherwise notified you of such changes. Your clicking “accept” to
this Agreement or your access to or use of the Service following any
changes to this Agreement will constitute your acceptance of such
changes. The “Last Modified” date below indicates when this Agreement
was last changed. We may, at any time and without liability, modify or
discontinue all or part of the Service (including access to the Service
via any third-party links); charge, modify, or waive any fees required
to use the Service; or offer opportunities to some or all Service users.
We reserve the right to introduce new features or functionality for which
the payment of fees may be required.
2. Information Submitted Through the Service
submission of information through the Service is governed by
You represent and warrant that any information you provide in
connection with the Service is and will remain accurate and complete,
and that you will maintain and update such information as needed.
3. Regestration, User Names and Passwords
You are required to register an account to use
all or part of the Service by providing information such as your name, email,
and mailing address, as well as all other information requested by our sign-up
form (“Registration Data”). You agree (a) that the Registration Data you
provide to us will be true, accurate, current, and complete at the time you
provide it and (b) to maintain and update your Registration Data to keep it true,
accurate, current and complete.
Your user name and password are for your personal use only and should be kept
confidential; you are solely responsible for any use or misuse of your user name
or password, and you must promptly notify us of any actual or suspected
confidentiality breach or unauthorized use of your user name or password,
or your Service account of which you become aware.
4. Prohibited Conduct
In connection with the
Service, you must not:
transmit, or otherwise make available through or in connection with
the Service any materials that are or may be: (a) threatening,
harassing, degrading, hateful, or intimidating, or otherwise fail to
respect the rights and dignity of others; (b) defamatory, libelous,
fraudulent, or otherwise tortious; (c) obscene, indecent,
pornographic, or otherwise objectionable; or (d) protected by
copyright, trademark, trade secret, right of publicity or privacy, or
any other proprietary right, without the express prior written
consent of the applicable owner.
transmit, or otherwise make available through or in connection with
the Service any virus, worm, Trojan horse, Easter egg, time bomb,
spyware, or other computer code, file, or program that is or is
potentially harmful or invasive or intended to damage or hijack the
operation of, or to monitor the use of, any hardware, software or
the Service for any purpose that is fraudulent or otherwise tortious
or collect information about users of the Service.
Use the Service for any commercial solicitation purposes, or transmit
through or in connection with the Service any spam, chain letters, or
other unsolicited communications.
Interfere with or disrupt the operation of the Service or the servers or
networks used to make the Service available, including by hacking or
defacing any portion of the Service; or violate any requirement,
procedure, or policy of such servers or networks.
Restrict or inhibit any other person from using the Service.
Reproduce, modify, adapt, translate, create derivative works of, sell, rent,
lease, loan, timeshare, distribute, or otherwise exploit any portion
of (or any use of) the Service except as expressly authorized herein,
without Company’s express prior written consent.
Reverse engineer, decompile, or disassemble any portion of the Service,
except to the extent such restriction is expressly prohibited by
Remove any copyright, trademark, or other proprietary rights notice from the
Frame or mirror any portion of the Service, or otherwise incorporate any
portion of the Service into any product or service, without Company’s
express prior written consent.
Systematically download and store Service content.
Use any robot, spider, site search/retrieval application or other manual
or automatic device to retrieve, index, “scrape,” “data
mine,” or otherwise gather Service content or reproduce or circumvent
the navigational structure or presentation of the Service.
You may only use the Service for its intended
purposes and not in any manner to develop, create, or improve any
products or services that are substantially similar to or otherwise
compete with the Service (or any component thereof).
5. Plucked Photos
The Service is designed to automatically select (using our internal
software) one photo from the photo gallery or library on your mobile
device each month. Such selected photo will then be printed on photography
grade paper and mailed to you (the “Free Photo”) at the address on file
in your account along with selected advertising and marketing material
we believe may be of interest to you.
While the selection of the Free Photo is performed by our software’s formula,
we use a third-party service to screen for inappropriate content in any Free
Photo before it is sent to you. We reserve the right to change our screening
method or criteria and/or to decline to print and mail any photo in our complete
Although we use a screening formula to exclude graphic, explicit, or simply
boring photos, we make no guarantees of any type that the Free Photo will not
include any particular content, including illegal or inappropriate content.
If the photo is on your mobile device, there is a chance, despite the screening
process, that it will be printed and mailed to your home at the address on file
in your account. We are not responsible in any way for the consequences that may
6. Purchased Products
Additionally, we make additional products, including printed photos from
your mobile device, available for purchase from time to time (the
“Purchased Products”). Any photos that you select and
submit to use through the Service for printing and mailing to you are
Purchased Products subject to this Agreement. If you wish to make a
purchase, you may be asked to supply certain relevant information,
such as details regarding your method of payment (e.g., your credit or
debit card number and its expiration date, or select your payment
service (e.g., PayPal)), your billing address, and your shipping
information. You represent that you have the right to use any method of
payment that you submit in connection with a purchase (e.g., credit card,
debit card, or payment service). By submitting such information, you
grant to us the right to provide such information to third parties
for purposes of facilitating purchases. Verification of information
may be required prior to the acknowledgment or completion of any
purchase. By making a purchase, you represent that the applicable
Purchased Products will be used only in a lawful manner.
reserves the right to cancel any order that it deems, in its sole
discretion, to include objectionable content or that may violate
any of the terms of this Agreement, without any liability to you
or any third party. In the event of any such cancellation, you will
be refunded any amount actually received by Company for the cancelled
order, less any applicable fees. You agree to pay all charges incurred
by you or on your behalf through the Service, at the prices in effect
when such charges are incurred, including all shipping and handling
charges. In addition, you are responsible for any taxes applicable to
your purchases. While it is our practice to confirm orders by email,
the receipt of an email order confirmation does not constitute our
acceptance of an order or our confirmation of an offer to sell a
product or service. Purchased Products will be shipped to an address
designated by you, if applicable, so long as such address is complete
and complies with the shipping restrictions contained on the Service.
Limited Warranty and Returns
Company offers a limited warranty on our
Purchased Products guaranteeing our Purchased Products to be free of
material defects. No such warranty is provided on any Free Photo.
In the event that your Purchased Product has material defects, Company
may replace such Purchased Product at no cost to you. To be eligible for
a replacement Purchased Product, you must contact our customer service
team through our help center (firstname.lastname@example.org) to notify them
within fourteen (14) days of receiving your Purchased Product. Company
reserves the right to request the return of the defective Purchased Product
to verify that such Purchased Product is defective and eligible for a return
under this limited warranty. There is no redeemable cash value for returned
FOREGOING LIMITED WARRANTY DOES NOT APPLY
TO ANY FREE PHOTO PROVIDED VIA THE SERVICE. ALL FREE PHOTOS
ARE PROVIDED WITHOUT ANY WARRANTY OF ANY NATURE OR TYPE.
to the personalized nature of all Purchased Products, Company will not
replace Purchased Products in connection with any user error or creative choice
or selection. Without limiting the foregoing, it is important that you
carefully proof the content and order details of your Purchased Products,
including for poor image quality including low resolution images that may be
insufficient for print. Image colors vary from device to device and Company
is not responsible for color variations that might result from screen differences
or differences between the colors on your device and the colors on a Purchased
Product that was created by professionally calibrated printing systems.
Company makes no warranties that (a) the Service will meet your requirements,
(b) the Service will be uninterrupted, timely or error free, or
(c) on the quality of the results that may be obtained from use of the Service.
In no event is Company liable for any claim of any nature either directly or
indirectly arising from or related to content made available through the Service,
including errors or omissions in such content or loss or damage incurred as a result
8. Ownership and License of Photos
You retain ownership of all photos you
submit to us through the Service (“Photos”). For each Photo, you
hereby grant to us a worldwide, royalty-free, fully paid-up,
non-exclusive, perpetual, irrevocable, transferable and fully
sublicensable (through multiple tiers) license, without additional
consideration to you or any third party, to store, reproduce,
distribute, perform and display (publicly or otherwise), create
derivative works of, adapt, modify, and otherwise use and exploit
such Photo in any format or media now known or hereafter developed,
in order to provide you with the Service and carry-out the
Company’s (and its successors’, affiliates’ and designees’)
business, including sending users printed Photos along with advertising
material we believe may be of interest to them.
In addition to the foregoing, if you choose to publicly share any images
of any Free Photo or Purchased Product through any social media website or
other online or publicly available service (any such image, a
“Shared Photo”), including any such image accompanied by a
hashtag (i.e., a word or phrase preceded by “#”) reference
using any of our trademarks or any other terms, slogans or keywords
referencing Company or its products and/or services, you hereby grant to
Company a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual,
irrevocable, transferable and fully sublicensable (through multiple tiers)
license, without additional consideration to you or any third party,
to store, reproduce, distribute, perform, and display (publicly or
otherwise), create derivative works of, adapt, modify, and otherwise
use and exploit such Shared Photos, in any format or media now known
or hereafter developed, in connection with the Service and
Company’s (and its successors’, affiliates’ and designees’) business.
In addition, if you provide to us any ideas, proposals, suggestions
or other materials (“Feedback”), whether related to
the Service or otherwise, you hereby acknowledge and agree that
such Feedback is not confidential, and that your provision of such
Feedback is gratuitous, unsolicited and without restriction,
and does not place Company under any fiduciary or other obligation.
You hereby assign to Company all rights in the Feedback and agree
that Company will have the right to use such Feedback and related
information in any manner it deems appropriate. Company will treat
any Feedback as non-confidential and non-proprietary. Customer
agrees not to submit as Feedback any information or ideas that Customer
considers to be confidential or proprietary.
You represent that you have all rights necessary to grant the licenses
for the Photos, and that your Photos, are not in (or contain
evidence of) violation of any applicable law or any right of
any third party (including any intellectual property, publicity,
or privacy rights), and your provision Photos through and in
connection with the Service and the use of your Photos, as contemplated
by this Agreement are not in violation of any applicable law or any right
of any third party (including any intellectual property, publicity,
or privacy rights). You further represent that Company may exercise
its rights under this section without liability for payment of any
fees, royalties, tariffs, levies, guild fees, residuals, or other
payments of any kind, whether payable to a collective rights
organization, pursuant to a collective bargaining agreement or
Without limiting the foregoing, you specifically represent that
you have all rights necessary to grant the licenses granted in this
section with respect to any likeness of a natural person included in
9. Company Proprietary Rights
We and our suppliers own the Service,
which is protected by proprietary rights and laws. Subject to
your compliance with this Agreement, and solely for so long as
you are permitted by Company to use the Service, you may use
any portion of the Service to which we provide you access hereunder
solely for your personal, non-commercial use.
The right to use the Service is licensed (not sold) to you as a user.
Subject to your compliance with this Agreement, and solely for so
long as you are permitted by Company to use the Service, we hereby
permit you, on a limited, non-exclusive, revocable, non-transferable,
non-sublicensable basis, to install and use the App on a mobile
device that you own or control and to interact with the Service as
permitted by its intended functionality. If you fail to comply
with any of the terms or conditions of this Agreement, you must
immediately cease using the App and remove (that is, uninstall
and delete) the App from your mobile device. You acknowledge and
agree that Company may from time to time issue upgraded versions
of the App, and may automatically deliver to your mobile device
corresponding updates to, or updated versions of, the App. You
consent to such automatic upgrades or updates, and agree that the
terms and conditions of this Agreement will apply to all such
upgrades or updates. In addition, you must comply with the terms
of any third-party agreement applicable to you when using the App,
such as any terms and conditions separate from this Agreement with
respect to any third-party code that may be incorporated in the App.
Our trade names, trademarks and service marks include the following: PLUCKPHOTO
All trade names, trademarks, service marks, and logos on the
Service not owned by us are the property of their respective
owners. You may not use our trade names, trademarks, service
marks or logos in connection with any product or service that
is not ours, or in any manner that is likely to cause confusion.
Nothing contained on the Service should be construed as granting any
right to use any trade names, trademarks, service marks or logos without
the express prior written consent of the owner.
10. Third-Party Materials
The Service may make available to you
materials of third parties, including advertisements and marketing
material delivered to you as part of the Service (“Third-Party
Materials”), or allow for the routing or transmission of such
Third-Party Materials, including via links. By using such
functionality, you are directing us to access, route, and transmit
to you the applicable Third Party Materials.
We neither control nor endorse, nor are we responsible for, any
Third-Party Materials, including the accuracy, integrity, quality,
legality, usefulness, or safety of Third Party Materials, or any
intellectual property rights therein. Certain Third-Party Materials
may, among other things, be inaccurate, misleading, or deceptive.
Nothing in this Agreement will be deemed to be a representation or
warranty by Company with respect to any Third-Party Materials. We
have no obligation to monitor Third-Party Materials, and we may block
or disable access to any Third-Party Materials (in whole or part)
through the Service at any time. In addition, the availability of
any Third-Party Materials through the Service does not imply our
endorsement of, or our affiliation with, any provider of such Third-Party
Materials, nor does such availability create any legal relationship
between you and any such provider.
YOUR USE OF THIRD-PARTY MATERIALS IS AT YOUR OWN RISK AND IS
SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES APPLICABLE
TO SUCH THIRD-PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY
POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).
11. Disclaimer of Warranties
EXCEPT AS EXPRESSLY SET FORTH IN SECTION 7, THE SERVICE AND
ANY PHOTOS AND PRODUCTS AND THIRD PARTY MATERIALS ARE MADE
AVAILABLE TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER
EXPRESS, IMPLIED, OR STATUTORY. COMPANY DISCLAIMS ALL WARRANTIES WITH
RESPECT TO THE SERVICE AND ANY PHOTO, PRODUCTS AND THIRD PARTY
MATERIALS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW,
INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, AND TITLE. ALL DISCLAIMERS OF ANY KIND
(INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE
ON BEHALF OF BOTH COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE
SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS,
REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS
(COLLECTIVELY, THE “AFFILIATED ENTITIES”).
While we seek to maintain the timeliness, integrity, and security
of the Service, we do not guarantee that the Service is or will remain
updated, complete, correct, or secure, or that access to the Service
will be uninterrupted. The Service may include inaccuracies, errors,
and materials that violate or conflict with this Agreement. Additionally,
third parties may make unauthorized alterations to the Service. If you
become aware of any such alteration, contact us at email@example.com
with a description of such alteration and its location on the Service.
12. Limitation of Liability
EXCEPT TO THE EXTENT THAT SUCH EXCLUSION OR LIMITATION IS
PROHIBITED UNDER APPLICABLE LAW, COMPANY WILL NOT BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT,
TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY,
INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, OR DATA, LOSS OF
OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING
UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS),
EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES
OR LOSSES. WITHOUT LIMITING THE FOREGOING, COMPANY WILL NOT
BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF
OR INABILITY TO USE THE SERVICE OR FROM ANY PHOTOS, PRODUCTS
OR THIRD-PARTY MATERIALS.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY
PURCHASED PRODUCTS DUE TO MATERIAL DEFECT IS TO RETURN SUCH
PURCHASED PRODUCTS IN ACCORDANCE WITH SECTION 7 ABOVE.
THE MAXIMUM AGGREGATE LIABILITY OF COMPANY FOR ALL DAMAGES,
LOSSES AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION
WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, WILL BE THE GREATER OF (A)
THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO COMPANY IN CONNECTION
WITH THIS AGREEMENT, AND (B) ONE HUNDRED U.S. DOLLARS ($100).
ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS
SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF
OF BOTH COMPANY AND THE AFFILIATED ENTITIES.
Applicable law may not allow for limitations on certain implied
warranties, or exclusions or limitations of certain damages;
solely to the extent that such law applies to you, some or all
of the above disclaimers, exclusions, or limitations may not
apply to you, and you may have certain additional rights.
Except to the extent
prohibited under applicable law, you agree to defend, indemnify,
and hold harmless Company and the Affiliated Entities from and
against all claims, losses, costs, and expenses (including reasonable
attorneys’ fees) arising out of (a) your use of, or activities in
connection with, the Service (including all Submissions and Feedback)
in violation or attempted violation of this Agreement; (b) your
violation of any third-party right (including any intellectual
property or privacy right); (c) any of your Submissions or Feedback;
(d) your violation of any applicable law, rule, or regulation; or
(e) any misuse of your unique username, password, or other appropriate
access credential for which you are responsible.
14. Suspension and Termination
This Agreement is
effective until your right to use the Service is suspended or
terminated, or you terminate your account and cease using the Service.
Company may suspend or terminate your right to use the Service at any
time for any reason. Upon any such suspension or termination, your
right to use the Service will immediately cease, and Company may,
without liability to you or any third party, immediately deactivate
or delete your user name, password, and account, and all associated
materials, without any obligation to provide any further access to
such materials. Company has no obligation to store or back-up any
information or content on your account or that you submitted to
Company through the Service.
15. Jurisdictional Issues
The Service is controlled or operated
(or both) from the United States, and is not intended to subject
Company to any jurisdiction or law except as provided in Section
16. Governing law
This Agreement is governed by and will be construed in accordance
with the laws of the State of Michigan, U.S.A., without regard to
its principles of conflicts of law, and regardless of your location.
See below with respect to the forum for dispute resolution.
17. Dispute Resolution and Mandatory Arbitration
If you are a resident of the United States,
the following will apply with respect to any claim or dispute arising
in connection with this Agreement or your use of the Service:
ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN
YOU AND COMPANY RELATING IN ANY WAY TO THIS AGREEMENT OR YOUR ACCESS
TO OR USE OF THE SERVICES OR CONTENT, WHETHER BASED IN CONTRACT, STATUTE,
REGULATION, ORDINANCE, TORT (INCLUDING, WITHOUT LIMITATION, FRAUD,
MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR NEGLIGENCE), OR ANY OTHER
LEGAL OR EQUITABLE THEORY (“DISPUTE”), WILL BE RESOLVED BY BINDING
ARBITRATION IF IT CANNOT BE RESOLVED THROUGH NEGOTIATION AS SET FORTH IN
THIS SECTION 17.
ARBITRATION MEANS THAT THE DISPUTE WILL BE
RESOLVED BY A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR
JURY. THE ARBITRATOR WILL DECIDE ALL THRESHOLD QUESTIONS, INCLUDING
BUT NOT LIMITED TO, ISSUES RELATING TO THE ENFORCEABILITY, REVOCABILITY,
OR VALIDITY OF THIS SECTION 17 AND WHETHER EITHER PARTY LACKS STANDING TO
ASSERT THEIR CLAIM(S).
NOTWITHSTANDING THE FOREGOING, YOU AND COMPANY
AGREE THAT (A) ANY DISPUTE THAT MAY BE BROUGHT IN SMALL CLAIMS COURT MAY
BE INSTITUTED IN SMALL CLAIMS COURT IN YOUR COUNTY OF RESIDENCE OR WAYNE COUNTY,
MICHIGAN INSTEAD OF BEING RESOLVED THROUGH ARBITRATION, AND (B) EITHER PARTY
MAY SEEK INJUNCTIVE RELIEF IN ANY COURT OF COMPETENT JURISDICTION TO (I)
ENJOIN INFRINGEMENT OR OTHER MISUSE OF ANY PARTY’S INTELLECTUAL PROPERTY
RIGHTS (INCLUDING, WITHOUT LIMITATION, VIOLATION OF ANY DATA USE RESTRICTIONS
CONTAINED IN THIS AGREEMENT OR OTHER MISUSE OF THE CONTENT), OR (II) ENJOIN
SCRAPING, WEB CRAWLING OR UNAUTHORIZED ACCESS TO EITHER PARTY’S WEB SITES OR
If you have a Dispute with Company, you must send
written notice describing the Dispute to Company to allow Company an opportunity
to resolve the Dispute informally through negotiation. You must send your notice
to the following address: pluckphoto, inc., 1320 Joliet Pl, Detroit, MI 48207. If
we have a Dispute with you, we will send written notice (email or letter) describing
the Dispute to you. The parties agree to negotiate resolution of a Dispute in good
faith for no fewer than 45 days after notice of a Dispute has been provided. If the
Dispute is not resolved within 45 days from receipt of notice of the Dispute, you or
Company may proceed to have the Dispute resolved through arbitration as each party’s
exclusive Dispute resolution process (except for the limited exceptions set forth above).
AAA under its then current and applicable rules and procedures, which are located at
http://www.adr.org, and these rules will govern the payment of all filing, administration,
and arbitrator fees, unless this Section 17 expressly provides otherwise. The party
submitting a dispute for resolution through arbitration will pay AAA’s filing fee.
Each party will pay their pro rata share of administration and arbitrator fees under
AAA’s rules; provided however, if AAA’s Consumer Arbitration Rules are applicable,
Company will make arrangements to pay all necessary administration and arbitrator
fees directly to AAA. If AAA’s Consumer Arbitration Rules are applicable and you
lose the claim(s) you assert against Company, you agree to reimburse Company for your
pro rata share of administration and arbitrator fees; provided however, if you are able
to demonstrate that the costs of arbitration will be prohibitive as compared to the
costs of litigation, Company will pay as much of the administration and arbitrator
fees as the arbitrator deems necessary to prevent the arbitration from being
cost-prohibitive as compared to litigation. If the arbitrator determines the
claim(s) you assert in the arbitration are frivolous or that you asserted the
claim(s) for harassment or any other improper purpose, you agree to reimburse
Company for all administration and arbitrator fees paid by Company. The party
that ultimately loses will pay the reasonable documented attorneys’ fees and
costs of both parties.
The arbitration shall be held in Detroit, Michigan, in English. If the value of
the relief sought is $25,000 USD or less, the arbitration will be conducted
based solely on written submissions; provided however, either of us may request
to have the arbitration conducted by telephone or in-person hearing, which request
shall be subject to the arbitrator's discretion. Attendance at any in-person hearing
may be made by telephone by you and/or us, unless the arbitrator requires otherwise.
Keeping in mind that arbitration must remain a fast and economical process, no
discovery or exchange of information between us is contemplated. Upon request by
either of us, the arbitrator may direct specific information be exchanged and may
issue a protective order limiting the use and disclosure of exchanged information;
provided however, the scope of information the arbitrator may direct to be exchanged
shall be limited to what the arbitrator determines is needed to provide for a
fundamentally fair process. Either party may file a dispositive motion to narrow
YOU AND COMPANY EACH WAIVE ALL RIGHTS TO CONDUCT DISPUTE
RESOLUTION PROCEEDINGS IN A CLASS ACTION OR CONSOLIDATED ACTION.
YOU AND COMPANY EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED
ONLY ON AN INDIVIDUAL BASIS, WITH THE SOLE EXCEPTION OF REPRESENTATIVE SUITS
has been revoked as to any claim(s), then the Dispute as to such claim(s) will
be decided by the courts in the THAT ARE PERMITTED BY, AND DEEMED UNWAIVABLE
UNDER, STATE LAW. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN
ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
If any clause within this Section 17 (other than
the class action waiver clause above) is determined to be illegal or
unenforceable, that clause will be severed from this Section 17, and the remainder
of this Section 17 will be given full effect. If the arbitrator determines this
Section 17 is unenforceable or invalid, then the claims of the Dispute will be
decided in the courts of the State of Michigan, Wayne County, or the United States
District Court for the Eastern District of Michigan, and the parties irrevocably
submit to the exclusive jurisdiction of such courts. If the class action waiver
clause is determined to be illegal or unenforceable, this entire Section 17 will
be unenforceable, and the Dispute will be decided by the courts of the State of
Michigan, Wayne County, or the United States District Court for the Eastern
District of Michigan, and the parties irrevocably submit to the exclusive
jurisdiction of such courts.
The Federal Arbitration Act, applicable federal law, and the laws of the State
of Michigan, without regard to principles of conflict of laws, will govern this
Agreement and any Dispute that might arise between Company and you.
18. Information and complaints
If you have a question or complaint regarding the
Service, please send an email to firstname.lastname@example.org.
You may also contact us
by writing to 1320 Joliet Pl, Detroit, MI 48207. Please note that email
communications will not necessarily be secure. California residents may
reach the Complaint Assistance Unit of the Division of Consumer Services
of the California Department of Consumer Affairs by mail at 1625 North Market
Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
The Service is operated by: pluckphoto, inc. Registered address: 1320 Joliet Pl,
Detroit, MI 48207
19. Copyright infringement
The Service is protected by U.S. and international
copyright laws and by other applicable laws. You may not submit Photos owned by
someone else without the written consent of the owner. You are solely responsible
for any copyright violations that you may incur as a result of your activities
on the Service.
If you believe that your work or the work of another has been copied in a way
that constitutes copyright infringement, please contact Company at
You may also contact us by writing to: pluckphoto, inc.,
1320 Joliet Pl, Detroit, MI 48207.
20. Entire Agreement and General Legal Terms
This Agreement, including any
terms and conditions incorporated herein, is the entire
agreement between you and Company relating to the subject
matter hereof, and supersedes any and all prior or
contemporaneous written or oral agreements or understandings
between you and Company relating to such subject matter.
Without limitation, a printed version of this Agreement and
of any notice given in electronic form will be admissible in
judicial or administrative proceedings based upon or relating
to this Agreement to the same extent and subject to the same
conditions as other business documents and records originally
generated and maintained in printed form. If any provision of
this Agreement is found to be unlawful, void, or for any reason
unenforceable, that provision will be deemed severable from
this Agreement and will not affect the validity and
enforceability of any remaining provision. No waiver by either
party of any breach or default hereunder will be deemed to be
a waiver of any preceding or subsequent breach or default.
Any use of the term “including” or variations thereof in this
Agreement will be construed as if followed by the phrase “without
limitation.” To the extent permitted by applicable law, no
person or entity that is not a party to this Agreement may
enforce any of its provisions. Company will not be responsible
for any failure to fulfill any obligation due to any cause
beyond its control.
You may not assign, transfer, or sublicense any or all of your rights or
obligations under this Agreement without our express prior written
consent. We may assign, transfer, or sublicense any or all of our
rights or obligations under this Agreement without restriction.
22. Electronic Communications
Notices to you (including notices of changes
to this Agreement) may be made via posting to the Service or by email
(including in each case via links), or by regular mail. You (a)
consent to receive all communications electronically and (b) agree
that all terms and conditions, agreements, notices, disclosures, and
other communications that Company provides to you electronically satisfies
any legal requirement that such communications would satisfy if it were
in a hardcopy writing.
Modified: March 14, 2017.