Artist Terms and Conditions

Terms and Conditions for Artists and Creative Talent who provide Content to Plucky Papers (pluckypapers.com)

Terms and Condition Agreements are always laden with legalese. It’s unavoidable. However, we have summarized the main points of our Terms and Conditions in order to help all of our creative talent understand our intent, which we believe is in everyone’s best interest. The three biggest issues are:

ONE: The creative work that you upload to your personal greeting card storefront is yours. You will always own your creative work. The Terms and Conditions do not take your ownership rights away, rather they enforce them. We ask for a license from you as we need a license in order to assist you in marketing and sales efforts of your creative work.

TWO: If we sell any of your creative work you will always be compensated for it as long as you are in good standing with us. You will always be in good standing with us as long as you act professionally, in good faith and do things that make common sense.

THREE: Your privacy is of the utmost concern to us. We will never provide any of your personal or confidential information with third parties or share your information. Our web site is secure and we encrypt all of your confidential information.

The following are the detailed terms and conditions. Please read the following information carefully.

First off, welcome to Plucky Papers (pluckypapers.com)!

By entering the Plucky Papers website at pluckypapers.com and/or any of its sub-domains, and by using the tools to create your personalized greeting card storefront (the “Service”) you indicate that you accept these Terms and Conditions (“Terms”) and that you agree to be bound by them. These Terms create a binding contract between you and Plucky Papers, Plucky Papers current and future affiliates and Plucky Papers current and future third party licensees (“Plucky Papers and Partners”) that you will use the Service only in a manner consistent with these Terms. If you have questions about these Terms, please contact Account Support at [email protected].

Your use of the Service is entirely conditioned on and subject to your compliance with these Terms and all applicable laws and regulations. If you do not agree with these Terms, do not access or use the Service. Plucky Papers respects the Intellectual Property and Ownership Rights of others. We ask you to respect these rights of Plucky Papers and other Plucky Papers artists and creative talent.

Plucky Papers reserves the right to change these Terms from time to time. Please refer to these Terms periodically for any changes.

Member Account
Upon completion of registration for the Service you will have your own member account with a unique user id and password. You are responsible for maintaining the confidentiality of your member account including your user id and password. You are fully responsible for all activities that occur under your member account. You agree to immediately notify Plucky Papers of any unauthorized use of your member account, user id or password or any other breach of security. You furthermore agree to ensure that you exit from your member account at the end of each session. Plucky Papers cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. As mentioned above we do everything we can to help you maintain the confidentiality of your member account. All aspects of the Plucky Papers website and Service are secure and we encrypt all confidential information. Nothing in your member account is shared with third parties.

Plucky Papers Intellectual Property and Ownership Rights
Plucky Papers solely and exclusively owns all intellectual property rights, title and interest in and to the Service, except as expressly provided for in these Terms. The exception mainly relates to your Content (as defined below) as Plucky Papers does not own it nor has any intention of obtaining ownership (see Your Intellectual Property and Ownership Rights below). You will not acquire any right, title or interest therein under these Terms or otherwise. You agree not to modify, sell, distribute or create derivative works based on the Plucky Papers Service.

Plucky Papers grants you a limited, non-exclusive, revocable license to access and use the Service in accordance with these Terms. In general, the use of the Service is to allow you or us to upload the creative work you submit and create a unique, personalized, greeting card storefront for us to display, market and sell your creative work. Additionally, Plucky Papers has the right, but not the obligation, to sell your creative work to any Plucky Papers partners or affiliates.

Plucky Papers may use third parties to provide certain services relating to the Service. The use of such third parties does not alter Plucky Papers Intellectual Property and Ownership Rights as mentioned herein. You understand that Plucky Papers does not control these third parties or their services. You agree that Plucky Papers will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as these Terms when you use these services. If any such terms or policies conflict with Plucky Papers Terms, agreements or policies, you must comply with Plucky Papers Terms, agreements or policies, as applicable. An example of a third party is the fulfillment partner Plucky Papers uses to digitally print, handle and mail the greeting cards to customers.

Your Intellectual Property and Ownership Rights
All creative work, including but not limited to the artwork, photos, graphics, audio, video, words, text, phrases, concepts, look and feel (“Content”), submitted by you to your greeting card storefront via the Service is owned by you and you will retain ownership of such Content. By submitting such Content via use of the Service you grant Plucky Papers a perpetual, irrevocable, royalty-free, worldwide, transferable, non-exclusive right and license to use, publicly display, copy, reproduce, print, modify (by Plucky Papers or other third parties bound by these Terms), distribute, market and sale such Content in any media, place or form Plucky Papers deems appropriate. Plucky Papers may sublicense these rights to a third party subcontractor or vendor only for the purpose of inclusion of your Content on Plucky Papers related products (e.g. paper greeting cards, ecards, calendars). As mentioned in the introduction to these Terms this license is needed by us so we can assist you in the marketing and selling of your Content, it is the only way we can legally do that.

As part of this license and right you acknowledge, understand and agree that –

• Plucky Papers will be giving credit for such Content via a title put on or around the image of the Content that will say “Image By (your name)” or similar wording. In the case of creative writing a similar acknowledgement will be made.

• Now or in the future your Content could, but is not required, to become part of promotional activities, including contests, within any websites powered by Plucky Papers and Partners to determine the best Content submitted without any compensation or remuneration paid to you.

• Now or in the future your Content could, but is not required to be, displayed outside your greeting card storefront within other areas of Plucky Papers, Plucky Papers and Partner related web properties and or marketing emails.

• Plucky Papers and Partners make no warranty that placement of your Content outside your greeting card storefront will guarantee your requirements for such placement will be met.

• You will have or will need to sign a consent form to use the photo or likeness of:

• Any minor under the age of eighteen (18) where the face is recognizable – such release is needed from their parent or guardian

• Any adult where the face is recognizable and the photo was taken at a non-public event, such as someone walking down the street – such release is needed from that person

License Fees – (This is your Compensation)
For such right and license you grant to Plucky Papers by submitting your Content by use of the Service, Plucky Papers will pay a license fee to you based on any paper greeting card or Plucky Papers product sold that includes your Content equal to 25% of the sales price. The licence fee may change from time to time at the sole discretion of Plucky Papers but all Artists will be notified in writing of this change at least 30 day in advance of it being effective.

The Plucky Papers Artist Portal automatically calculates, records and reports all such fees and we will pay you thirty (30) days after the end of each calendar quarter if the amount owed exceeds fifty dollars ($50). This payment will be sent either by PayPal or to the address as indicated in the account information of your member account.

Representations Made By You
You represent and warrant to Plucky Papers that, in your use of Service, you:

• Are of legal age to form a binding contract;

• Will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party;

• Will comply with all applicable laws, rules and regulations;

• Are not aware of any claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content;

• Understand that Plucky Papers will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that Plucky Papers incurs in providing the Service;

• Will not cause injury to any third party by the third party’s use of any instructions, formula, recommendations or the like contained in your Content;

• You are not aware of any viruses or any other programs or technology designed to disrupt or damage any software or hardware contained in your Content.

Creative Works Misuse Policy
Plucky Papers will not tolerate the copying of another artist’s creative work – no copy cats, poachers, no “borrowing”, no stealing. If it’s not your idea, artwork or unique photo – please don’t submit it!

Plucky Papers will enforce this policy in order to prevent the misuse of the original creative works, image/art and verse, of artists. You have agreed to and accepted in these Terms & Conditions that you have or own the rights to use and sell all images/art and verse you submit. You also agree to this each time you submit content.

Granted there may often be similar ideas and concepts, even photos, however at no time should an artist’s cards be a clear “copy cat” of another’s image/art or unique photo.

As for the usage of stock photography/images, you are responsible for abiding by the stock site’s licensing rules of usage and limitations in regards to reselling and proper accreditation. In acceptance of these Plucky Papers T&C, you accept and acknowledge to having the appropriate rights to use stock photography/images in this manner.

Although we do review and approve all printed greeting cards, we do not verify or validate image/art and verse rights. Any legal implications for creative work misuse is your sole responsibility and liability as the submitting artist.

Based on reports of potential abuse, Plucky Papers will contact artists in question giving them the opportunity to rectify the situation by changing or removing the suspect card(s). Plucky Papers has the right, and will upon our discretion terminate an artist from Plucky Papers and their use of our site and services.

To report misuse of your creative works please send an email to: [email protected].

Conduct
Plucky Papers is committed to ensuring that the use of the Service is a fun and enjoyable experience. Artists and creative talent are allowed to be creative with their Content. Your use of the Service is subject to applicable local, state, federal and International law. Users of the Service may not use the Service to process prohibited content, or to transmit to or through the Service any illegal, harmful, threatening, defamatory, obscene, hateful or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party or end users using the Service. By way of example only, and not as a limitation, you specifically agree not to:

• Violate or encroach the rights of others or use the Service for any unlawful or illegal purpose
Upload, post, email, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable at Plucky Papers and Partners sole discretion

• Harm anyone including minors in any way, including, but not limited to, Content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;

• Impersonate any person or entity, including falsifying, stating or otherwise misrepresenting your affiliation with a person or entity;

• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

• Submit, upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationship or which infringes any copyright, trademark, patent or other intellectual property right (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or any moral right of any party;

• Submit, upload, post, email or otherwise transmit any material that contains software viruses, worms, 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 including those that could compromise the Service or servers or networks connected to the Service;

• Intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of 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.

Provide a Link to Any of the Above
Plucky Papers and Partners have the sole discretion to determine whether Content is prohibited Content and any Content submitted to the Service may be subject to examination from time to time. Although Plucky Papers and Partners do not and will not examine and review all Content submitted or transmitted to the Service, Plucky Papers and Partners may delete, move and edit materials for any reason, at any time, without notice.

All Content that is processed through the Service is the sole responsibility of the person who submitted it. Thus, you are responsible for your Content.

Termination
Plucky Papers may terminate, at its sole discretion, any users of greeting card storefronts for any reason especially if Plucky Papers feels such Content on the storefront violates Intellectual Property and Ownership Rights of Plucky Papers or other third parties as discussed in these Terms or the conduct of any user of the Service is in violation of these Terms. You will be bound by these Terms indefinitely unless Plucky Papers terminates you as a user of the Service or otherwise terminates these Terms. This is needed in case artists or creative talent do things that do not make common sense and are not in good faith.

If Plucky Papers terminates your use of the Service Plucky Papers, at its sole discretion, will delete any Content or other materials relating to your greeting card storefront from any Plucky Papers and Partner servers. It may take up to 24 hours for your Content to be removed from all Plucky Papers and Partner servers. If Plucky Papers takes this action Plucky Papers will have no liability to you or any third party for doing so. Additionally, if Plucky Papers terminates your use of the Service, Plucky Papers will have no further obligation to provide license fees as otherwise mentioned in these Terms. Upon termination any license rights granted under these terms by both Plucky Papers and Artist are terminated.

Artist Cancellation Rights
You may terminate your use of the Service at your sole discretion at any time. Plucky Papers will close your member account, storefront and delete any Content or other materials relating to your storefront from any Plucky Papers and Partner servers. It may take up to 24 hours for your Content to be removed from all Plucky Papers and Partner servers. If you take this action Plucky Papers will have no liability to you or any third party for doing so. Additionally, if you terminate your use of the Service, Plucky Papers will have no further obligation to provide license fees as otherwise mentioned in these Terms. Upon termination any license rights granted under these terms by both Plucky Papers and Artist are terminated.

Disclaimer
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THIS INCLUDES THE FACT THAT PLUCKY PAPERS DOES NOT WARRANTY OR REPRESENT THAT THE PLUCKY PAPERS AND PARTNER WEB SITES OR THE SERVICE AND USE THEREOF WILL; (1) MEET YOUR REQUIREMENTS; (2) PRODUCE ANY LICENSE FEES; (3) WILL OPERATE WEBSITE AT LEAST AT 95% UP-TIME; (4) WILL OPERATE IN A CONFIGURATION THAT SUPPORTS YOUR HARDWARE AND/OR SOFTWARE; (5) WILL OPERATE FREE OF COMPUTER SOFTWARE OR HARDWARE INACCURACIES, IRREGULARITIES OR ERRORS; OR (6) WILL DRIVE ANY THIRD PARTY USERS OR INTEREST TO YOUR GREETING CARD STOREFRONT. WITHOUT LIMITING THE FOREGOING, PLUCKY PAPERS AND PARTNERS SPECIFICALLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS AS THE PUBLISHER OF ANY CONTENT TRANSMITTED ON OR IN CONNECTION WITH THE SERVICE OR ON SERVICES THAT MAY APPEAR AS LINKS IN THE SERVICE, OR AS THE MANUFACTURER OF THE PRODUCTS PROVIDED AS A PART OF, OR OTHERWISE IN CONNECTION WITH, THE SERVICE. PLUCKY PAPERS DISCLAIMS ANY AND ALL IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY PLUCKY PAPERS AND PARTNERS NOR ANY OF ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THE LIKE SHALL CREATE A WARRANTY. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PLUCKY PAPERS AND PARTNERS AND THEIR RELATED PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, PARTNERS, EMPLOYEES, ANY THIRD-PARTY PROVIDERS TO THE SERVICE AND ANY OTHER THIRD PARTY USERS/LICENSEES OF THE SERVICE, FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, COSTS, CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SERVICE, USE OF YOUR ACCOUNT BY ANY THIRD PARTY, THE VIOLATION OF THE TERMS AND CONDITIONS OF USAGE BY YOU, OR THE INFRINGEMENT BY YOU, OR ANY THIRD PARTY USING YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. FURTHERMORE, YOU MAY NOT SETTLE OR OTHERWISE RESOLVE ANY CLAIM WITHOUT PLUCKY PAPERS EXPRESS WRITTEN PERMISSION.

Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER LAW, PLUCKY PAPERS AND PARTNERS WILL HAVE NO OBLIGATION OR LIABILITY FOR ANY DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE, PROFIT OR GOODWILL) ARISING WITH RESPECT TO YOUR USE OF THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

EXCEPT FOR A BREACH OF A PARTY’S REPRESENTATIONS AND WARRANTIES UNDER THESE TERMS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TERMS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TERMS EXCEED THE GREATER OF (i) THE AMOUNT PAID BY PLUCKY PAPERS TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $200.

Notice
All notices required or permitted to be given under these Terms shall be in writing and delivered to the other party by either U.S. mail or overnight courier. If you give notice to Plucky Papers, such notice shall be sent to the following address: 51 Prince Street #3 Salem MA 01970. If Plucky Papers provides notice to you, Plucky Papers will use the contact information provided by you in your member account. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, five (5) business days after dispatch, or (ii) if by overnight courier, on the date receipt is confirmed by such courier service.

Dispute Resolution
Any dispute, claim or controversy between the parties arising out of or relating to these Terms or any use of the Service, except claims for injunctive relief, shall be resolved by arbitration conducted in Essex County, Massachusetts before a single arbitrator who shall apply Massachusetts law and arbitrate in accordance with the rules of the American Arbitration Association. Judgment upon the award entered by the Arbitrator will be binding upon the parties and may be entered by either party in a court of competent jurisdiction. The parties agree, however, that they may seek injunctive relief only in courts governed by the laws of the State of Massachusetts. Any relief permitted to be brought in any court shall be venued in Essex County, State of Massachusetts. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorney’s fees

Additionally, no arbitration under these Terms will be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. By entering into these Terms, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these Terms or your use of the Service must be asserted individually.

Notwithstanding anything to the contrary in this Section, Plucky Papers may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.

Miscellaneous
These Terms will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Massachusetts without reference to conflict of law principles. These Terms will not be assignable or transferable by you without the prior written consent of Plucky Papers. These Terms contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power or privilege. You and Plucky Papers are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms, all of which will remain in full force and effect.

Added/Updated May 2017