Updated March 17, 2008
1. ACCEPTANCE OF TERMS
Pluck Corporation (“Pluck”) provides the Easyjournal web journaling service to you, subject to the following Terms of Service ("TOS"), which may be updated
by us at any time and without notice to you. You can review the most current version of the TOS at any time at: http://www.easyjournal.com/terms.aspx. Please
note that other services offered by Pluck separate from the Easyjournal website may be governed by different TOS agreements.
2. DESCRIPTION
Easyjournal ("the Service") is a web-based service that allows its users to create and manage online journals. Journals on the Service can be managed through
a web browser. Each registered Easyjournal user may manage his or her own journal to post content such as text, hyperlinks or reference to other web content
which may reside on Pluck's servers or the servers of third parties.
3. TYPES OF ACCOUNTS
Easyjournal currently offers two versions of the Service.
Easyjournal Original: Easyjournal Original ("EJO") is a free account that allows users to manage journal entries, send and receive private messages (where
permitted) with other EasyJournal users and the general public, and post comments on other Easyjournal accounts (where permitted).
Easyjournal Pro: Easyjournal Pro ("EJP") is a paid account that allows users all the same functionality as EJO and the additional functionality of selecting
and creating journal templates, hosting public comment boards, and uploading and storing journal images. EJP fees are paid on a subscription basis in
increments of either 6 or 12 months. Easyjournal reserves the right to offer EJP at a discount or for free to any person or entity.
Pluck reserves the right to modify or discontinue any of the Service versions above. Pluck may also add other versions that are similar or different from the
above versions in any way.
4. YOUR REGISTRATION OBLIGATIONS
Account registration is required in order to create a journal on Easyjournal and to participate in certain interactive communities within the Easyjournal
website. In registering, all users are required to provide accurate, complete and current information about themselves in all required fields. Should any of
your own registration information change after submitting it to Easyjournal, you are hereby required to update that information as soon as possible. Should
Pluck suspect that your personal registration information is not accurate, complete or current; your account may be subject to suspension or termination
without notice. Registration information is recorded and used in accordance with the terms and provisions outlined in our Privacy Policy. You may view our
Privacy Policy at http://www.easyjournal.com/home/privacy.aspx.
5. YOUR PAYMENT OBLIGATIONS
If you choose to purchase Easyjournal PRO or other paid products or services from Easyjournal (for yourself as or gifts, regardless of your registration
status); you must provide Pluck with accurate, complete and current payment information. Pluck may require a copy of state-issued identification (e.g.
driver's license or ID card) before changing any registration information or completing your transaction(s). Transactional information is recorded and used
in accordance with the terms and provisions outlined in our Privacy Policy. You may view our Privacy Policy at http://www.easyjournal.com/home/privacy.aspx.
You may view our payment and refund policy at http://www.easyjournal.com/refunds.html.
6. INDEMNITY
You agree to indemnify and hold Pluck Corporation and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your
connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is
solely responsible for his or her actions when using the Service.
7. MODIFICATIONS TO SERVICE
Pluck reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You
agree that Pluck shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Service.
8. NOTIFICATION OF CLAIMED INFRINGEMENT
Pluck respects the copyright and other intellectual property rights of others and requests that the people who use its services do the same. If you believe
your work has been used on the Service in a way that constitutes copyright infringement, you may provide a notice to our copyright agent. In your notice,
please provide the following information in writing:
1. the electronic or physical signature of the rights holder in the copyright or the person authorized to act on behalf of that person;
2. identification of the copyrighted work that you claim has been infringed;
3. an identification of the material that is claimed to be infringing, and information reasonably sufficient to permit Pluck to locate the material (for
example, by providing a URL to the material); or, if applicable, identification of the reference or link to material or activity claimed to be infringing,
and information reasonably sufficient to permit Pluck to locate that reference or link;
4. your name, address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright rights holder, its agent, or the law;
and
6. a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the rights holder or
are authorized to act on the behalf of the rights holder.
Our designated agent to receive notification of claimed infringement can be reached at Attn:
Copyright Agent
15801 NE 24th Street
Bellevue, WA 98008
copyright@demandmedia.com
phone number: 425-766-4697
facsimile number: 425-974-4780
9. ACCOUNT TERMINATION
You agree that Pluck, in its sole discretion, may terminate your password, Easyjournal journal, user account, use of the Service or use of any other
Easyjournal service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Pluck
believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Pluck may also in its sole discretion and at any time
discontinue providing the Service, or any part thereof, with or without notice. Further, Easyjournal may in its sole discretion, terminate in appropriate
circumstances an account, contributor, or the access rights of a subscriber for repeated copyright infringement, and we also reserve the right to terminate
an account, contributor, or subscriber for even one instance of infringement. You agree that any termination of your access to the Service under any
provision of this TOS may be effected without prior notice, and acknowledge and agree that Pluck may immediately deactivate or delete your Easyjournal
journal and all related information and files in your Easyjournal journal and/or bar any further access to such files or the Service. Further, you agree that
Pluck shall not be liable to you or any third-party for any termination of your access to the Service.
10. ADVERTISEMENTS AND PROMOTIONS
Pluck reserves the right to run advertisements or promotions (or both) on any part of Easyjournal without prior notice or recompense to you or any other
user. The mode, manner and extent of advertising on Easyjournal are at the sole discretion of Pluck and are subject to change at any time. You agree that
Pluck shall not be responsible or liable for any loss or damage incurred as the result of any advertising or promotions.
11. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility of the person by whom such Content was posted. You, and not Pluck, are entirely
responsible for all Content that you upload, post or otherwise transmit via the Service. Pluck does not control the Content posted via the Service and, as
such, does not guarantee the accuracy, integrity, suitability, usefulness or quality of such Content. You understand that by using the Service, you may be
exposed to Content that is offensive, indecent or objectionable.
You agree to not use the Service to:
(a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way, as seen by Pluck or proper authorities;
(c) impersonate any person or entity, including, but not limited to, a Pluck staff member, or falsely state or otherwise misrepresent your affiliation
with a person or entity;
(d) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure
agreements);
(e) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any
party;
(f) Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation;
(g) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(h) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or
regulations of networks connected to the Service;
(i) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(j) "stalk" or otherwise harass another;
(k) collect or store personal data about other users;
(l) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote
any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons or
incendiary devices;
(m) allow usage by others in such a way as to violate the Easyjournal TOS;
(n) engage in commercial activities within Easyjournal or on behalf of Pluck without prior approval;
Pluck reserves the right to terminate at anytime, and without notice, the account of any user deemed by Pluck to be in violation of the letter or spirit of
these terms.
12. JOURNAL CONTENT
Terms for posting to your online journal and participating in communities within Easyjournal are as follows:
Pluck claims no ownership over any Content posted by users. Pluck may quote, reproduce or otherwise represent small portions of your journal Content (in
accordance with your privacy settings) in order to promote your individual journal or the Service and/or to make your Content available in a directory or
similar compilation. The user retains and is solely responsible for all patent, trademark and copyright to all his or her Content. You acknowledge that Pluck
is not responsible for protecting such Content.
You acknowledge that Pluck does not screen, filter or monitor journal Content, but that Pluck and its designees shall have the right (but not the obligation)
in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Pluck and its designees shall
have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
13. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PLUCK EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
(b) PLUCK MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PLUCK OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PLUCK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PLUCK HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE SERVICE.
16. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.
17. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Pluck and govern your use of the Service, superseding any prior agreements between you and Pluck
regarding the Service (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may
apply when you use affiliate or other Easyjournal services, third-party content or third-party software. The TOS and the relationship between you and Pluck
shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and Pluck agree to submit to the personal and
exclusive jurisdiction of the courts located within the county of Travis, Texas. The failure of Pluck to exercise or enforce any right or provision of the
TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions
of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or
related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles
in the TOS are for convenience only and have no legal or contractual effect.
18. VIOLATIONS
Violations of this TOS should be reported to abuse@easyjournal.com. When reporting violations of the TOS please be as specific as possible and include all
pertinent details including the http address of the post or comment as well as the username of the user in whose journal the reported violation exists.
