Pluckie.Com Terms of Service

You must carefully read, agree to, and posses the legal capacity to agree to the following Terms and Conditions before using the Pluckie.Com site or the Services provided by File Room, LLC (“File Room”).  It is important that you read and understand the following, as it constitutes an agreement between you and File Room.  The paid services provided by File Room are available only to users 18-years-old or older. If you have any questions regarding these terms and conditions, please contact help@Pluckie.Com before using the site or any of the services.

You (‘you” or “User”) are agreeing to File Room’s Terms and Conditions by entering this Site, using this Site, utilizing any service, software, application, plug-in, component, “app”, or program created by File Room. The following terms and conditions, in conjunction with any other posted policies, govern your use of all File Room services, products and sites.

A.         AGREEMENT REVISIONS

File Room retains the right to modify the terms and conditions for any reason and at any time. We will email you the most recent version of these terms and conditions as well as post them on the website.  Any and all modifications shall be effective immediately upon posting on the Site or upon emailing them to you, whichever occurs first.  Therefore, we encourage you to make sure that your spam filter allows email from File Room, and that the email address File Room has for you is a valid email address.  Also, we encourage you to check the terms and conditions whenever you visit the website to check if they have been updated.  It is your responsibility to review this agreement on a regular basis to keep yourself abreast of any changes.  Should you not agree with any revisions to the terms and conditions, you may discontinue your use of all services. However, continued use of the services once modified terms and conditions have been posted on the site will constitutes your agreeing to abide by the new terms and conditions.

B.         YOUR OBLIGATIONS REGARDING EMAIL AND PASSWORDS.

In order to use most of the services provided by File Room, you will be required to register with File Room and create a username and password.  Also, File Room’s sole method of contacting and communicating with you is via email.  Accordingly, it is your responsibility to ensure that the email address that File Room has for you is valid and correct.  Also it is your responsibility to make sure that you have your spam filters set to allow emails from File Room. 

It is fully your responsibility to preserve the security and confidentiality of your username and password.  Any and all activities that occur under your username and password are your responsibility.  If you detect a breach in your security of your username or password, you must notify File Room immediately.  File Room has no liability for any damage or destruction caused by an authorized use of your username or password.

C.         USER CONDUCT/ACCEPTABLE USE POLICY.

Due to the nature of data storage and file sharing, File Room must disallow certain behavior and actions in order to protect you, your data and the value of File Room’s services.  You may not participate in the following behavior and actions, and doing so may result in immediate termination of your services.  File Room shall have the right, but not the obligation, to review, monitor, remove content or require you to remove your content if it deems that, in its sole discretion, you are not abiding by or acting in a manner consistent with the acceptable use of its site and services.  Furthermore, File Room reserves the right, in its sole discretion, to determine whether and what action to take in response to perceived violations of use, and any action or inaction in a particular instance shall not dictate or limit File Room’s response to a future complaint.  You acknowledge and agree that File Room shall not assume or have any liability for any action or inaction by File Room with respect to any User Content. 

You may not participate in the following behavior or actions, and File Room may deem any such participation as unauthorized use.  The following list is not exclusive, and File Room may deem, at their sole discretion, other behavior and actions not contained on this list as unauthorized use.

You shall NOT:

i.               Use the services for any illegal or unethical purposes.  It is at the sole discretion of File Room and its staff to determine whether something constitutes as unethical.

ii.              Utilize multiple free accounts. There is a limit of one free account per household or business.

iii.            Use the services to send unsolicited email messages or spam or for any other purpose that may be deemed harassing or annoying to others.

iv.            Use the services in a manner that exceeds typical broadband upload speeds of approximately 3 Mbits.  Migration of data from another data center or location with upload speeds in excess of 3 Mbits must be provisioned by contacting File Room.

v.             Use the services in any manner that may interfere with the proper function and operation of File Room’s products, services and equipment

vi.            Exploit “bugs” in the services for any purpose.

vii.          Access information that is not intended for you.

viii.         Store, convert or share any content in which you do not have the rights to do so, including but not limited to copyright and intellectual property rights.

ix.            Knowingly use the service to store or share viruses, Trojan horses, worms, malware, spyware, corrupted files, or any other similar software that may damage the operation of another’s computer or property.

x.              Attempt to replicate or reverse engineer the File Room’s site, content, programs, applications, plug-ins, software, components, design or any other material.

D.         INTELLECTUAL PROPERTY RIGHTS AND NOTICES.

You retain copyright and any other rights you already hold in the data that you store and share on or through, the Services. By storing or sharing the data you give File Room a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license for the sole purpose of providing you with the Services.

Likewise, unless specifically granted within these terms and conditions, you have no right, license, title, interest, ownership or lease in any and all of File Room’s copyright and intellectual property rights nor any right, license, title, interest, ownership or lease in any and all of File Room’s services, website, content, programs, applications, plug-ins, software, components, or any other material.

All contents of Pluckie.Com and File Room’s services, including but not limited to its content, programs, applications, plug-ins, software, components, design or any other material, are Copyright © 2010 File Room. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third party Web site or other networked computer environment) without the express prior written consent of File Room and/or it suppliers, affiliates, or licensors.  All rights reserved. 

This is the grant of a license, not a transfer of title, and under this license you may not:

i.             Modify or copy the materials;

ii.            Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

iii.   Attempt to decompile or reverse engineer any software contained on File Room’s web site;

iv.   Remove any copyright or other proprietary notations from the materials; or

v.           Transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by File Room at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

E.         PRIVACY.

You may be able to find the Pluckie.Com’s Privacy Policy here on our Site, http://www.Pluckie.Com/privacy.html.  Your use of the Services signifies acknowledgment of and agreement to the Pluckie.Com Privacy Policy.  

F.          DATA RETENTION AND DATA RECOVERY.

File Room understands that removal of files can be just as important to you and the as storing of those files. The removal of files from File Room defaults to a 2-phase deletion process.  The first phase moves deleted files and folders to a special “Trash” folder and stores the files within the Trash folder until the data is removed from the Trash folder back into another folder or the Trash folder is explicitly Emptied by an account holder.  Once the Trash folder is Emptied the files and folders are removed from the account and the storage size no longer added to your usage amount.  However the file may still remain on File Room LLC servers for a period of 0 to 30 days based on the provisioning needs of File Room LLC.  The second phase of the deletion process is the complete removal of the deleted files from File Room LLC’s storage servers.

If you make a mistake and remove a file from File Room in error, File Room may be able to, but makes no guarantees or warranties and has no obligation to do so, recover the file if notified within 30 days of the removal.  File Room may charge a fee to determine if a file can be recovered.

You can modify the data retention and recovery defaults to make data unrecoverable (File Room will not have the ability to recover a file removed in error).  You may do this at your own risk and discretion by logging into your File Room account and changing it in the Settings section.

G.          Viruses.

Unfortunately, the occurrence or presence of viruses, Trojan horses, worms, malware, spyware, corrupted files, or any other similar software in digital files can be quite common.  File Room’s virus database is updated multiple times per day.  Files with detected viruses will be marked by the system as having been infected and can be archived on File Room but not shared.

File Room is ever diligent to protect you from the ill effects of such destructive programs, however; File Room cannot and will not make any guaranties or warranties regarding the safety of any files uploaded or downloaded to the site.  File Room will not be held liable for any damages of any kind, actual or consequential, caused by the presence of viruses, Trojan horses, worms, malware, spyware, corrupted files, or any other similar software.

H.          WARRANTIES.

Due to the inherent risk of the possibility of data loss when storing files in a digital medium, File Room is unable to make any warranties, expressed or implied, guarantying the use of the Services storage of data or any other products offered by File Room.  While File Room takes the upmost diligence and care to ensure that no data is lost, File Room is in no way liable for loss of data. Under no circumstances will File Room be held accountable for any loss of data. By using and File Room service or product, you acknowledge that you forfeit the right to hold File Room accountable for any and all technical errors, including loss or damage of your data.

I.         LIMITATIONS OF LIABILITY

If for any reason, File Room is found responsible or liable for any cause, action or any reason whatsoever, File Room’s responsibility shall be limited only to the amounts that the User actually paid File Room for its services, and shall not include any other amounts, including but not limited to, punitive damages, consequential damages or any other damages.

J.         INDEMNIFICATION.

User will defend and indemnify File Room and its affiliates (and their respective employees, directors and representatives) against any claim or action brought by a third party, to the extent relating to its use of the services,  any breach of its obligations under this Agreement, or  the violation of any applicable laws, regulations, orders and other requirements by user.  User will pay any award against File Room or its affiliates (or their respective employees, directors or representatives) and any costs and attorneys' fees reasonably incurred by File Room and its affiliates resulting from any such claim or action.

K.        TERMINATION OF SERVICE.

File Room reserves the right to terminate your password, account or use of File Room Services and delete any data within File Room’s service, in their sole discretion, without cause and with 30 days notice. Furthermore, File Room may terminate, without notice, your password, account or use of File Room Services and delete any data within File Room’s service if File Room, in their sole discretion, deems that you may have violated any of the terms and conditions. You may terminate your use of File Room services at any time upon notice to File Room.  Upon termination it is your sole responsibility to remove any wanted data from your account.  If you would like File Room to provide you with a copy of your data, File Room will do so for a fee.  You must request with your notice of termination.

L.         General Provisions.

The failure of File Room to enforce any provision of this Agreement will not constitute a waiver of the File Room’s rights to subsequently enforce the provision.

This Agreement (a) represents the entire agreement between the parties with respect to the subject matter hereof and supersedes any previous or contemporaneous oral or written agreements regarding such subject matter, (b) may be amended or modified only by a written instrument signed by a duly authorized agent of each party, and (c) will be interpreted, construed and enforced in all respects in accordance with the laws of the State of Texas, without reference to its choice of law rules. If any provision of this Agreement is held to be invalid, such invalidity will not effect the remaining provisions. The parties agree that the venue for any disputes hereunder shall be Travis County, Texas.

If any provision of this Agreement shall be declared by any court of competent jurisdiction to be illegal, void or unenforceable, all other provisions of this Agreement shall not be affected and shall remain in full force and effect.

By using the File Room Services, Users in the European Union understand and consent to the processing of personal information in the United States.