Terms & Conditions

Plucky Papers

Terms & Conditions

Introduction
Welcome to Plucky Papers. By using the website and services offered by Plucky Papers, you agree to the following terms with Plucky Papers This agreement sets forth the legally binding terms and conditions for your use of the website at www.pluckypapers.com (the “site”) and all services provided by Plucky Papers on the site. If you have any questions, please refer to our help section of the site.

This Agreement is effective on April 1, 2017 for current users and upon acceptance for new users.

Scope
Before you become a member of Plucky Papers, you must read and accept all of the terms in, and linked to, this User Agreement and the Plucky Papers Privacy Policy. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site. By accepting our Terms and Conditions, you agree that this User Agreement and Privacy Policy will apply whenever you use the Plucky Papers site as well as any tools we make available to interact with the Plucky Papers site.

Using Plucky Papers

While using the Plucky Papers site, Plucky Papers services and tools, you will NOT:

  • Violate any laws, third party rights or Plucky Papers policies, such as the Do’s and Don’ts.
  • Use our site, services or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services or tools.
  • Post false, inaccurate, misleading, defamatory, or libelous content (including personal information).
  • “Stalk” or otherwise harass anyone.
  • Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes.
  • Post, email, or otherwise make available content that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
  • Distribute viruses or any other technologies that may harm Plucky Papers, or the interests or property of Plucky Papers users.
  • Collect personal data or user email addresses without their consent.
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Abusing Plucky Papers
If Plucky Papers users are found abusing the Plucky Papers site, services, and tools we may limit, suspend or terminate our service and user accounts, prohibit access to our site and the content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the site if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We may also, at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We reserve the right to cancel unconfirmed accounts as well as accounts that have been inactive for a long period of time, or to modify or discontinue the Plucky Papers site, services or tools. Plucky Papers also reserves the right to refuse service to anyone, for any reason, at any time.

Please report and problems, offensive content, and policy violations to Plucky Papers immediately.

No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Fees and Services
Unfortunately, Plucky Papers no longer allows vendors to sell on the site.

Content
The Plucky Papers site may provide you and others with the opportunity to participate in blogs, groups, feedback, and other communication functionality and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Plucky Papers, including, without limitation, photographs, writings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information (collectively, “User Content”).

Plucky Papers does not claim ownership rights in your Content. You grant Plucky Papers a license solely to enable Plucky Papers to use any information or Content you supply Plucky Papers with, so that Plucky Papers is not violating any rights you might have in that Content. You grant Plucky Papers a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Plucky Papers to store or re-format your Content on Plucky Papers and display your Content on Plucky Papers in any way as Plucky Papers chooses. Plucky Papers will only use personal information in accordance with Plucky Papers Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another Plucky Papers user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Plucky Papers-related communications. Plucky Papers has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Plucky Papers user to your email or physical mail list. For more information, see Plucky Papers Privacy Policy.

By posting content on Plucky Papers, it is possible for an outside website or a third party to re-post that content. You agree to hold Plucky Papers harmless for any dispute concerning this use. If you choose to display your own Plucky Papers-hosted image on another website, the image must provide a link back to its listing page on Plucky Papers.

Information You Submit
Plucky Papers considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and nonproprietary, and Plucky Papers shall not be liable for the disclosure or use of such Material. If, at Plucky Papers request, any member sends Material to improve the site, Plucky Papers will also consider that Material to be non-confidential and nonproprietary and Plucky Papers will not be liable for use or disclosure of the Material. Any communication by you to Plucky Papers is subject to this Agreement. You hereby grant and agree to grant Plucky Papers, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

Furthermore Plucky Papers is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Plucky Papers does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Plucky Papers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

Privacy
We do not sell your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Plucky Papers Privacy Policy.Users’ privacy is very to us. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the Plucky Papers Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.

Legal Disputes
If a dispute arises between you and Plucky Papers, you and Plucky Papers agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly at hello@pluckypapers.com to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

(Law and Forum for Legal Disputes) This Agreement shall be governed in all respects by the laws of the State of Massachusetts as they apply to agreements entered into and to be performed entirely within Massachusetts between Massachusetts residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Plucky Papers must be resolved exclusively by a state court located in Essex County, Massachusetts, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the court located within Essex County, Massachusetts for the purpose of litigating all such claims or disputes.

(Arbitration Option) For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

(Improperly Filed Claims) All claims you bring against Plucky Papers must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to the Legal Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Legal Disputes Section, Plucky Papers may recover attorneys’ fees and costs up to $1000, provided that Plucky Papers has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. Plucky Papers will not make judgments regarding legal issues or claims.

Intellectual Property
Plucky Papers, Plucky Papers graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Plucky Papers, Inc. in the U.S. and/or other countries. Plucky Papers trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

No Warranty
PLUCKY PAPERS, PLUCKY PAPERS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND PLUCKY PAPERS SUPPLIERS PROVIDE PLUCKY PAPERS WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. PLUCKY PAPERS, PLUCKY PAPERS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND PLUCKY PAPERS SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM PLUCKY PAPERS SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL PLUCKY PAPERS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF PLUCKY PAPERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLUCKY PAPERS SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PLUCKY PAPERS SITE OR THE SERVICE, FROM INABILITY TO USE THE PLUCKY PAPERS SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLUCKY PAPERS SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLUCKY PAPERS SITE OR THE SERVICE OR ANY LINKS ON THE PLUCKY PAPERS SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLUCKY PAPERS SITE OR THE SERVICE OR ANY LINKS ON THE PLUCKY PAPERS SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

Indemnity
You agree to indemnify and hold Plucky Papers (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

Disclosures
The services hereunder are offered by Plucky Papers, PO Box Salem MA 01970