We operate the website https://goodpluck.com (the "Site"), as well as any other related
products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
You can contact us by phone at (US)(313) 572-6003, email at hello@goodpluck.com, or by mail to 2050 15th St, Detroit, MI 48216, USA, Detroit, MI 48216,
United States.
These Legal Terms constitute a legally binding agreement made between
you, whether personally or on behalf of an entity ("you"), and WhatsEatLike, inc, concerning your access to and use of the Services. You agree that by
accessing the Services, you have read, understood, and agreed to be
bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE
LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES
AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on
the Services from time to time are hereby expressly incorporated herein
by reference. We reserve the right, in our sole discretion, to make
changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any
changes by updating the "Last
updated" date of these Legal
Terms, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Legal Terms to stay
informed of updates. You will be subject to, and will be deemed to have been
made aware of and to have accepted, the changes in any revised Legal Terms
by your continued use of the Services after the date such revised Legal Terms
are posted.
1. OUR SERVICES
The information provided when using the Services is not intended for
distribution to or use by any person or entity in any jurisdiction or
country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement
within such jurisdiction or country. Accordingly, those persons who
choose to access the Services from other locations do so on their own
initiative and are solely responsible for compliance with local laws, if
and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act
(HIPAA), Federal Information Security Management Act (FISMA), etc.), so
if your interactions would be subjected to such laws, you may not use
the Services. You may not use the Services in a way that would violate
the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights
in our Services, including all source code, databases, functionality,
software, website designs, audio, video, text, photographs, and
graphics in the Services (collectively, the "Content"), as well as the
trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws
(and various other intellectual property rights and unfair competition
laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or
internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you
a non-exclusive, non-transferable, revocable license to: - access the Services; and
- download or print a copy of any portion of the Content to which you
have properly gained access.
solely for your personal,
non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no
part of the Services and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial purpose
whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other
than as set out in this section or elsewhere in our Legal Terms,
please address your request to: hello@goodpluck.com. If we ever grant you the permission to post, reproduce, or publicly
display any part of our Services or Content, you must identify us as
the owners or licensors of the Services, Content, or Marks and ensure
that any copyright or proprietary notice appears or is visible on
posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the
Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a
material breach of our Legal Terms and your right to use our Services
will terminate immediately.
Your submissions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to
using our Services to understand the (a) rights you give us and (b) obligations
you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment,
suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to
us all intellectual property rights in such Submission. You agree that
we shall own this Submission and be entitled to its unrestricted use
and dissemination for any lawful purpose, commercial or otherwise,
without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending
us Submissions through any part of the
Services you:
- confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send,
publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful,
harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening
to any person or group, sexually explicit, false, inaccurate, deceitful,
or misleading;
- to the extent permissible by applicable law, waive any and all
moral rights to any such Submission;
- warrant that any such Submission
are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to
grant us the above-mentioned rights in relation to your Submissions; and
- warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions and you expressly agree to reimburse us
for any and all losses that we may suffer because of your breach of (a) this
section, (b) any third party’s intellectual property rights, or (c) applicable
law.
By using the Services, you represent and warrant that: (1) all registration information you submit will be true,
accurate, current, and complete; (2) you will maintain the accuracy of such information and
promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these
Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human
means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or
regulation.
If you provide any information that is untrue, inaccurate,
not current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or
future use of the Services (or any portion thereof).
You may be required to register to use the Services. You
agree to keep your password confidential and will be
responsible for all use of your account and password. We
reserve the right to remove, reclaim, or change a username
you select if we determine, in our sole discretion, that
such username is inappropriate, obscene, or otherwise
objectionable.
5. PRODUCTS
We make every effort to display as accurately as possible the colors, features,
specifications, and details of the products available on the
Services. However, we do not guarantee that the colors, features,
specifications, and details of the products will be accurate,
complete, reliable, current, or free of other errors, and your
electronic display may not accurately reflect the actual colors and details of the products.
All products are
subject to availability, and
we cannot guarantee that items will be in stock. We reserve the
right to discontinue any products at any time for any reason.
Prices for all products are subject to change.
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
- PayPal
You agree to provide current, complete, and accurate purchase and
account information for all purchases made via the Services. You
further agree to promptly update account and payment information,
including email address, payment method, and payment card
expiration date, so that we can complete your transactions and
contact you as needed. Sales tax will be added to the price of
purchases as deemed required by us. We may change prices at any
time. All payments shall be
in US dollars.
You agree to pay all charges at the prices then in effect for
your purchases and any applicable shipping fees, and you authorize us to charge your chosen
payment provider for any such amounts upon placing your order. We reserve
the right to correct any errors or mistakes in pricing, even if we
have already requested or received payment.
We reserve the right to refuse any order placed through the
Services. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household, or per order.
These restrictions may include orders placed by or under the same
customer account, the same payment method, and/or orders that use
the same billing or shipping address. We reserve the right to
limit or prohibit orders that, in our sole judgment, appear to be placed
by dealers, resellers, or distributors.
7. SUBSCRIPTIONS
Billing and Renewal
Your subscription will
continue and automatically renew unless canceled. You consent to our
charging your payment method on a recurring basis without
requiring your prior approval for each recurring charge, until
such time as you cancel the applicable order. The length of your billing cycle is
weekly.
Cancellation
You can cancel your subscription
at any time by contacting us using the contact information
provided below. Your cancellation will
take effect at the end of the current paid term. If you have any questions
or are unsatisfied with our Services, please email us at hello@goodpluck.com.
Fee Changes
We may, from time to time, make changes to the subscription fee
and will communicate any price changes to you in accordance with
applicable law.
8. RETURN POLICY
All sales are final and no refund will be issued.
You may not access or use the Services for any purpose other
than that for which we make the Services available. The
Services may not be used in connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from
the Services to create or compile, directly or
indirectly, a collection, compilation, database, or
directory without written permission from us.
- Trick, defraud, or mislead us and other users,
especially in any attempt to learn sensitive
account information such as user passwords.
- Circumvent, disable, or otherwise interfere
with security-related features of the Services,
including features that prevent or restrict the
use or copying of any Content or enforce
limitations on the use of the Services and/or
the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our
opinion, us and/or the Services.
- Use any information obtained from the Services
in order to harass, abuse, or harm another
person.
- Make improper use of our support services or
submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with
any applicable laws or regulations.
- Engage in unauthorized framing
of or linking to the Services.
- Upload or transmit (or attempt to upload or to
transmit) viruses, Trojan horses, or other
material, including excessive use of capital
letters and spamming (continuous posting of
repetitive text), that interferes with any
party’s uninterrupted use and enjoyment of the
Services or modifies, impairs, disrupts, alters,
or interferes with the use, features, functions,
operation, or maintenance of the Services.
- Engage in any automated use of the system, such
as using scripts to send comments or messages,
or using any data mining, robots, or similar
data gathering and extraction tools.
- Delete the copyright or other proprietary
rights notice from any Content.
- Attempt to impersonate another user or person
or use the username of another user.
- Upload or transmit (or attempt to upload or to
transmit) any material that acts as a passive or
active information collection or transmission
mechanism, including without limitation, clear
graphics interchange formats ("gifs"),
1×1 pixels, web bugs, cookies, or other similar
devices (sometimes referred to as "spyware" or
"passive collection mechanisms" or "pcms").
- Interfere with, disrupt, or create an undue
burden on the Services or the networks or
services connected to the Services.
- Harass, annoy, intimidate, or threaten any of
our employees or agents engaged in providing any
portion of the Services to you.
- Attempt to bypass any measures of the Services
designed to prevent or restrict access to the
Services, or any portion of the Services.
- Copy or adapt the Services' software, including
but not limited to Flash, PHP, HTML, JavaScript,
or other code.
- Except as permitted by applicable law,
decipher, decompile, disassemble, or reverse
engineer any of the software comprising or in
any way making up a part of the Services.
- Except as may be the result of standard search
engine or Internet browser usage, use, launch,
develop, or distribute any automated system,
including without limitation, any spider, robot,
cheat utility, scraper, or offline reader that
accesses the Services, or use or launch any unauthorized script
or other software.
- Use a buying agent or purchasing agent to make
purchases on the Services.
- Make any unauthorized use of
the Services, including collecting usernames and/or
email addresses of users by electronic or other means
for the purpose of sending unsolicited email, or
creating user accounts by automated means or under
false pretenses.
- Use the Services as part of any effort to
compete with us or otherwise use the Services
and/or the Content for any revenue-generating endeavor or commercial
enterprise.
- Use the Services to advertise or offer to sell goods
and services.
Sell or otherwise transfer your profile.
10. USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post
content. We may provide
you with the opportunity to create, submit, post, display,
transmit, perform, publish, distribute, or broadcast content
and materials to us or on the Services, including but not
limited to text, writings, video, audio, photographs, graphics,
comments, suggestions, or personal information or other
material (collectively, "Contributions").
Contributions may be viewable by other users of the
Services and through third-party websites. As such, any Contributions
you transmit may be treated in accordance with the Services'
Privacy Policy. When you create or make available any Contributions,
you thereby represent and warrant that:
- The creation, distribution, transmission, public display,
or performance, and the accessing, downloading, or copying
of your Contributions do not and will not infringe the
proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral
rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the Services,
and other users of the Services to use your Contributions in
any manner contemplated by the Services and these Legal Terms.
- You have the written consent, release, and/or permission
of each and every identifiable individual person in your
Contributions to use the name or likeness of each and
every such identifiable individual person to enable
inclusion and use of your Contributions in any manner
contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or
misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings,
or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious,
filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as
determined by us).
- Your Contributions do not ridicule, mock, disparage,
intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in
the legal sense of those terms) any other person and to
promote violence against a specific person or class of
people.
- Your Contributions do not violate any applicable law,
regulation, or rule.
- Your Contributions do not violate the privacy or
publicity rights of any third party.
- Your Contributions do not violate any applicable law
concerning child pornography, or otherwise intended to
protect the health or well-being of minors.
- Your Contributions do not include any offensive comments
that are connected to race, national origin, gender,
sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to
material that violates, any provision of these Legal
Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing
violates these Legal Terms and may result in, among other
things, termination or suspension of your rights to use the
Services.
You and Services agree that we may access, store, process, and use
any information and personal data that you provide following the terms of the Privacy Policy and your choices (including
settings).
By submitting suggestions or other feedback regarding the Services, you
agree that we can use and share such feedback for any purpose without
compensation to you.
We do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property
rights or other proprietary rights associated with your Contributions.
We are not liable for any statements or representations in your
Contributions provided by you in any area on the Services. You are
solely responsible for your Contributions to the Services and you
expressly agree to exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your Contributions.
12. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings.
When posting a review, you must comply with the following criteria: (1)
you should have firsthand experience with the person/entity being
reviewed; (2) your reviews should not contain offensive profanity, or
abusive, racist, offensive, or hateful language; (3) your reviews should
not contain discriminatory references based on religion, race, gender,
national origin, age, marital status, sexual orientation, or disability;
(4) your reviews should not contain references to illegal activity; (5)
you should not be affiliated with competitors if posting negative
reviews; (6) you should not make any conclusions as to the legality of
conduct; (7) you may not post any false or misleading statements; and
(8) you may not organize a campaign encouraging others
to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We
have absolutely no obligation to screen reviews or to delete reviews,
even if anyone considers reviews objectionable or inaccurate. Reviews
are not endorsed by us, and do not necessarily represent our opinions
or the views of any of our affiliates or partners. We do not assume
liability for any review or for any claims, liabilities, or losses
resulting from any review. By posting a review, you hereby grant to us
a perpetual, non-exclusive, worldwide, royalty-free, fully paid,
assignable, and sublicensable right and license to reproduce,
modify, translate, transmit by any means, display, perform, and/or distribute
all content relating to review.
