Terms of Service
Please 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 this Agreement.
This 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).
1. Changes
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
Your submission of information through the Service is governed by Company’s Privacy Policy, located at http://www.pluckphoto.com/site/privacy (the “Privacy Policy”). 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:- Post, 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.
- Post, 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 equipment.
- Use the Service for any purpose that is fraudulent or otherwise tortious or unlawful.
- Harvest 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 applicable law.
- Remove any copyright, trademark, or other proprietary rights notice from the Service.
- 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 discretion. 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 result.
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.Company 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 (help@pluckphoto.com) 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 Purchased Products.THE 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.
Due 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 of content.
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 otherwise. 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 your Photos.
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 help@pluckphoto.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.
13. Indemnity
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 17 below.
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 SERVICES.
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 the issues.
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 help@pluckphoto.com. 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 help@pluckphoto.com. 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.
21. Assignment
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.Last Modified: March 14, 2017.
