Terms of Service

By using Demand Media’s services and software, you agree to be bound by the following Terms of Service. These terms refer only to sites and services owned by Demand Media.

Content and links displayed with Demand Media software and services

Content and links displayed by Demand Media may be other sites and services not owned by Demand Media. Demand Media does not screen items displayed by third parties and is not responsible for their content, which some users may find offensive, objectionable, or inappropriate. Demand Media shall not be held liable for any materials, damages, or loss caused by these third party services and links.

Personal Use Only

Demand Media’s software and services are for personal, non-commercial use only. You may not resell, reproduce, duplicate, copy, or trade the software for any commercial purposes unless expressly authorized by Demand Media, Inc. Please contact info@demandmedia.com for more information.[/toggle]

Trademarks

PLUCK, PLUCK.COM, PLUCK logo, PLUCK design, and other PLUCK graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Demand Media, Inc. or its affiliates.

All other trademarks not owned by Demand Media or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Demand Media or its affiliates.

Please see details on Demand Media’s logo usage details.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software, is the property of Demand Media, Inc. or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Demand Media and protected by U.S. and international copyright laws. All software used on this site is the property of Demand Media or its software suppliers and protected by United States and international copyright laws.

Demand Media respects the intellectual property rights of others and requests that the people who use the site do the same. If you believe that your work has been reproduced and is accessible on the site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:

  1. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
  2. identification of the copyrighted work that you claim has been infringed;
  3. identification of the material that is claimed to be infringing and information reasonably sufficient to permit eHow to locate the material (for example, by providing a URL to the material);
  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 owner, 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 copyright owner or are authorized to act on the copyright owner’s behalf.

Our designated agent to receive notification of claimed infringement can be reached at:

Demand Media, Inc.
Copyright Agent
1655 26th Street
Santa Monica, CA 90404
(310) 395-6294 (fax)
copyright@demandmedia.com

It is our policy to terminate in appropriate circumstances any Account for repeated infringement of intellectual property rights, including copyrights, and we also reserve the right to terminate an Account for even one instance of infringement.


Logo Usage Agreement

1. License

If Demand Media makes available to you a logo for downloading, Demand Media hereby grants to you a nonexclusive, nonassignable, nonsublicenseable, royalty-free license to display one of the stylized logos above, including the associated trademark(s) and HTML code (collectively, the “Logo”) for the sole purpose of linking to the Pluck.com download page. If Demand Media makes available to you for downloading HTML code that calls on its servers, Demand Media hereby grants to you a nonexclusive, nonassignable, nonsublicenseable, royalty-free license to use the HTML code above (the “Code”) without modification for the sole purpose of calling on Demand Media’ servers to include the associated Logo on your site.

2. Restrictions

2.1 If you are using the license described in Section 1(a), you must use the Logo as a hypertext link only to a page enumerated there. You may not frame Pluck.com, or otherwise cause users to display the site in a distorted fashion.

2.2 You may display the Logo only in the form and at the size provided to you. You may not modify or alter the Logo or Code in any way, including size, proportions, colors, elements, type or any other respect. You may not animate, morph or otherwise distort the Logo’s perspective or dimensional appearance, nor may you use screen shots of your pages (to the extent that the Logo appears in the screen shot) in any other medium. If Demand Media provides you with a substitute version of the Logo, you shall replace the Logo as soon as reasonably possible.

2.3 The Logo shall be surrounded by a reasonable amount of empty space, and you may not use the Logo in conjunction with other logos or marks in a way that would create a combination mark. You may not use the Logo in a way that suggests that Demand Media endorses or sponsors your site.

2.4 You may not use the Logo in any way that tarnishes, blurs or dilutes the quality of Demand Media’s trademarks or any associated goodwill. Without limiting the foregoing, you shall not display the Logo on any pages that contain infringing or illegal content.

2.5 You acknowledge Demand Media’s sole and exclusive ownership of the Logo and the Code, and you shall not take any action inconsistent with such ownership, such as adopting, using, registering, or attempting to register any logo or trademark confusingly similar to the Logo. All use of or goodwill associated with the Logo shall inure to Demand Media’s benefit. You may not use the Logo or Code in any manner not expressly authorized under this Agreement.

3. Termination

Demand Media may terminate this Agreement or the trademark or Code license at any time for any reason or no reason. You may terminate this Agreement at any time for any reason or no reason. This Agreement and your license automatically terminates if you breach any provision of this Agreement. In the event of termination, (a) you shall immediately remove the Logo or Code from your site and otherwise cease using the Logo and Code, and (b) Sections 3-7 shall survive.

4. No Warranty

THE LOGO AND CODE IS PROVIDED “AS IS.” DEMAND MEDIA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. 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 which vary from state to state.

5. Liability

DEMAND MEDIA DISCLAIMS ALL CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE CODE OR THE LOGO (HOWEVER ARISING, INCLUDING NEGLIGENCE). DEMAND MEDIA’S TOTAL LIABILITY TO YOU IS LIMITED TO $1,000. Some states do not allow the foregoing limitations of liability, so they may not apply to you.

6. Entire Agreement/Amendment

This Agreement constitutes the entire agreement, and supersede the provisions of any other agreements or understandings (oral or written), between the parties with respect to the Logo and Code. This Agreement may be amended only by a writing physically signed by both Demand Media and you. Notwithstanding the foregoing, Demand Media may modify the Agreement in its sole discretion by notifying you by email of any proposed changes, which changes shall be effective upon when a notice is sent to your email address. If you do not agree with any amendments, you may terminate your license to the Logo or Code.

7. General

These Terms and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the Site will be governed by the laws of the State of California, U.S.A., without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You and Demand Media agree to submit to the personal and exclusive jurisdiction of the courts located within Los Angeles County, California. Any disputes regarding such claims or arising under or related in any way to these Terms or the Site shall be heard exclusively in the appropriate forum in California. You hereby consent to jurisdiction in a state or federal court sitting in Los Angeles, California and waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by California or federal law. If you have any questions or would like to report a violation of this agreement, please contact info@demandmedia.com.