This website, bplucky.com (“Site”), and the bplucky mobile application ("App") are provided by bplucky, LLC (“bplucky” or "we" or “us” or “our”). Please read these Terms of Service (“Terms”) carefully. These Terms create an enforceable agreement between you and bplucky, and provide legally binding terms and conditions for your use of the Site, App and any other features, content, or applications offered from time to time by bplucky in connection with the Site or App (collectively, the "Service").
By using the Service in any manner, whether by just visiting or browsing the Site and/or creating a user account on the App, you agree to be bound by these Terms. It you don’t agree with these Terms, then do not use the Service.
Eligibility. By accepting these Terms, you affirm that you are (i) at least eighteen (18) years old, or (ii) at least thirteen (13) years old and have the permission of a parent or guardian to access the Service. If you are under the age of thirteen (13), you may not access or use our Service.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE. YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
We may modify the Terms at any time, in our sole discretion. If we do so, we will let you know either by posting the modified Terms on the Site or through other communications. It is important that you review the Terms whenever we modify them because if you continue to use the Service after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you may not use the Service anymore. Because our Service is evolving over time we may change or discontinue all or any part of the Service, at any time and without notice, at our sole discretion.
Who Can Use the Service
We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. At this time, only US residents who are over the age of 13 years are invited to use the Service. No one under 13 is allowed to create an account or use the Service. By using the Service, you state that: all registration information you submit is truthful and accurate; you will maintain the accuracy of such information; and your use of the Service does not violate any applicable law or regulation. Your profile may be deleted and your account may be terminated without warning if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, if we believe you are over 18 and represent yourself as under 18, or if you are not a US resident. If you are accessing and using the Service on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms.
We Are Not a Counseling Service/Third Party Links
blucky is not a counseling service, and neither the App nor the Site is intended to be a counseling service. Rather, bplucky provides referrals to various resources that may be of interest to youthand provides a platform for youthto obtain information, share information and to be a part of a community. bplucky urges all users to act respectfully and responsibly.
We are not responsible for any emotions triggered by someone’s use of the Service, nor are we responsible for actions of individuals who use our Service. For users of our Service who are minors, we encourage your parent(s) or guardian to remain informed about your use of the Service and we encourage you to share your use of the Service with them.
Ownership of the Service
All contents of the Service, including without limitation, the text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available on or through the Service are collectively referred to as "Content". The Service and Content provided by bplucky, and all associated intellectual property rights, are the sole and exclusive property of bplucky and/or its licensors, and may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by bplucky. You acknowledge that the Service and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or Content.
Rights in App Granted by bplucky. Subject to your compliance with these Terms, bplucky grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device or computer that you own or control and to run the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a copy for backup purposes.
Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. bplucky reserves all rights in and to the App not expressly granted to you under these Terms.
Rights in Content Granted by bplucky. Subject to your compliance with these Terms, bplucky grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Service and solely for your personal and non-commercial purposes.
Rules and Conduct
Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms. The Service (including, without limitation, any and all Content on the Service), is provided only for your own personal, non-commercial use. You are responsible for your use of the Service, and for any use of the Service made using your account. You agree when you use the Service, you may not:
• violate any law or regulation;
• violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
• post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
• send unsolicited or unauthorized advertising or commercial communications, such as spam;engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Service or Content;
• transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
• bully, stalk, harass, intimidate or harm another individual;
• impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
• use any means to scrape or crawl any aspect of the Service or Content;attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Service or Content;
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Service or Content; or
• advocate, encourage, or assist any other individual or third party in doing any of the foregoing.
Your User Profile / Account
When you set up a user profile, bplucky will require you to provide your verification code, your first and last name, or other information such as your mobile phone number and/or email address. You agree and represent that all of the information you provide is accurate and up-to-date. You will not create more than one user profile for yourself. You are solely responsible for keeping your login information current and confidential. You may not sell, rent, or lease access to your user profile to any third party without our prior written permission. You will not create another account if we have already disabled your account, unless you have our written permission to do so. You are solely responsible for all your activity on your user profile including use of the Service by any person who uses your user profile, with or without permission.
You are responsible for the protection of yourverification codeand/or password that you use to access the Service. We encourage the use of "strong" passwords with your user profile. If you think that someone has gained unauthorized access to your user profile, please immediately reach out to us.
The Service allows you to upload, submit, store, send, or receive content and data ("User Content") such as through the “Share Your Story” feature. You retain ownership of any intellectual property rights that you hold in that User Content. In other words, you own your User Content.
When you upload, submit, store, send, or receive User Content to or through the Service, you give us permission to reproduce and use your User Content as follows: You grant to us, our service provider and other third parties with whom we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the App and Service), publicly perform, publicly display, and distribute your User Content. This license is for the purpose of operating, promoting, and improving the Site, to promote bplucky, as well as for other purposes that bplucky may determine in its sole discretion. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Service.
You promise that:
• you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and
• your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
By submitting User Content, in addition to any other rights that may be granted in any other agreement entered into between you and bplucky, you irrevocably grant bplucky and its successors, assigns, and licensees, the right to use your name, likeness, image, and biographical information in any and all media in connection with use of such User Content for any purpose, including, without limitation, advertising and publicity purposes, as well as in connection with the Service and hereby release bplucky from any liability with respect thereto.
We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Service for any reason. Although bplucky reserves the right to review or remove all content that appears on the Service, we do not necessarily review all of it. We cannot - and do not - take responsibility for any content that you or others provide through the Service.
bplucky is not a storage service and has no responsibility to store or maintain User Content, or to make that content available to you. You are encouraged to separately save any User Content you provide to us if you want to ensure your access to that User Content in the future. bplucky is not liable for any User Content that for any reason becomes unavailable or corrupted once posted to the Service.
You may not use, copy, reproduce, distribute, publish, display or perform, create derivative works of, transmit, sell, or in any way exploit the User Content posted by others except as allowed by law.
Data Charges and Mobile Phones
You are responsible for any mobile charges that you may incur for using our Service, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Service.
Third Party Sites
The Service may contain links to third-party websites or resources, for example, in “The Lookout.” We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We always love to hear from our users. But if you provide feedback, suggestions, questions, comments or the like (“Feedback”), just know that we can use them without compensating you, and without any restriction or obligation to you. By submitting any Feedback, you agree that we are free to use the Feedback for any purpose. By receiving your Feedback, we do not give up any rights to use similar or related ideas, concepts, know-how, techniques or other information previously known to us, or developed by our employees or consultants, or obtained from sources other than you.
Bplucky does not wish to receive confidential or proprietary ideas. Feedback submitted to bplucky through our Service shall be considered NON-CONFIDENTIAL and NON-PROPRIETARY.
You can terminate these Terms at any time and for any reason by deleting your account. bplucky may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Service, or impose new or additional limits on your ability to use our Service. Regardless of who terminates these Terms, both you and bplucky continue to be bound by provisions relating to Ownership of Site and Service, Feedback, Termination, Indemnification, Warranty Disclaimers, Limitations of Liability, Dispute Resolution and General Terms.
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless bplucky, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Service; (b) your User Content; and (c) your breach of these Terms.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE BPLUCKY ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
BPLUCKY TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH BPLUCKY WILL BE RESPONSIBLE FOR.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BPLUCKY AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF BPLUCKY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BPLUCKY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID BPLUCKY, IF ANY, IN THE LAST 12 MONTHS.
Governing Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. Unless otherwise provided in these Terms, you and bplucky agree that claims not covered by the Agreement to Arbitrate provided in these Terms shall be brought in a court with competent jurisdiction in Los Angeles County, California, and agree to personal jurisdiction in such court.
Agreement to Arbitrate
You and bplucky agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an "IP Protection Action"). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide bplucky with written notice of your desire to do so by email or regular mail at email@example.com,or bplucky, LLC, PO Box 4045, Redondo Beach, CA 90277, within thirty (30) days following the date you first agree to these Terms (such notice, an "Arbitration Opt-out Notice"). If you do not provide bplucky with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide bplucky with an Arbitration Opt-out Notice, will be the state and federal courts located in the Central District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts, and consents to personal jurisdiction in such courts. Unless you timely provide bplucky with an Arbitration Opt-out Notice, you acknowledge and agree that you and bplucky are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and bplucky otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitrationand a separate Demand for Arbitration for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and bplucky otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and bplucky submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. bplucky will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $10,000, bplucky will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the "Modification of Terms" section above, if bplucky changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of bplucky’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and bplucky in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms constitute the entire and exclusive understanding and agreement between bplucky and you regarding the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between bplucky and you regarding the Service. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the "Arbitration" section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without bplucky’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null.
bplucky may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Any notices or other communications provided by bplucky under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; (ii) notification through the App; or (iii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
bplucky’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of bplucky. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Notify Us of Copyright Infringers
If you believe that something available through the Sites or the App violates your copyright, notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this section. In order for us to take action, you must do the following in your notice: (1) provide your physical or electronic signature; (2) identify the copyrighted work that you believe is being infringed; (3) identify the item on the Sites and the App that you think is infringing your work and include sufficient information about where the material is located on the Site or the App (including which website and URL) so that we can find it; (4) provide us with a way to contact you, such as your address, telephone number, or e-mail; (5) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used on the Site; and (6) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury), you are authorized to act on behalf of the copyright owner whose work is being infringed.
Designated Agent to Receive Notification of Claimed Infringement:
PO Box 4045
Redondo Beach, CA
Phone: (888) 210-6388
bplucky welcomes comments, questions, concerns, or suggestions. You may contact bplucky at the following:
Address: bplucky, LLC
PO Box 4045
Redondo Beach, CA90277