Welcome to Pen Pals, operated by Pen Pals, Inc., located at 145 S. Fairfax Avenue, 2nd Floor
LOS ANGELES CA 90036 ("Pen Pals," "we," or "our").
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
1. Electronic Agreement.
2. Access and Retention.
In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
You must be at least sixteen (16) years of age. By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
The Service is also not available to any users who have been previously removed or suspended from the Service.
4. License for Mobile Application
5. Commercial Use of Service.
If you are using and/or accessing the Service on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:
Illegal and/or unauthorized uses of the Service include, but are not limited to, collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Service, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Service in any fraudulent or misleading manner, any automated use of the system, such as scraping the Service, automated scripts, spiders, robots, crawlers, harvesting or data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service, and using the Service in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Service may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Service is with the permission of Pen Pals, which may be revoked at any time, for any reason, in Pen Pals’s sole discretion.
6. Account Security.
You are responsible for maintaining the confidentiality of the credentials that you designate during the registration process, and you are fully responsible for all activities that occur under your account. You agree to (a) immediately notify Pen Pals of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Pen Pals will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared network so that others are not able to view or record your credentials or other personal information. If you share your device with others, you may wish to consider disabling your auto-sign in feature if you have it linked to your Pen Pals account.
7. Your Use of the Service
a. You must not copy or capture, or attempt to copy or capture, any content from the Service, unless given express permission by Pen Pals.
b. You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any content on or from the Service.
c. You must not use any content in any way that is designed to create a separate service or that replicates any part of the offering of the Service.
d. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any content.
e. You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent your activity on the Service, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Service.
f. You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Service or any content appearing on the Service.
g. You must not, and must not permit any third party to, copy or adapt the object code of the Service, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Service, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to content on the Service.
h. You must not use the Service to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
i. any content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in Pen Pals’s sole and reasonable discretion;
ii. any information, content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
iii. any content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Pen Pals’s sole and reasonable opinion;
iv. any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Service or servers or networks forming part of, or connected to, the Service, or which does or might restrict or inhibit any other user's use and enjoyment of the Service; or
v. any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
i. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
j. You must not rent, sell or lease access to the Service, or any content on the Service.
k.strong> You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
l. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Pen Pals employee. If Pen Pals determines that any user has threatened, stalked, harassed, or verbally abused any Pen Pals employee or another Pen Pals Member, Pen Pals reserves the right to immediately terminate that user’s membership and suspend access to the Service.
m. You must not sell or transfer, or offer to sell or transfer, any Pen Pals account to any third party without the prior written approval of Pen Pals.
n. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
8. Representations and Warranties.
You hereby represent and warrant to Pen Pals as follows:
b.Your Content and the availability thereof on the Service does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers' rights, rights of privacy or publicity, or rights in confidential information.
c.Your Content, including any comments that you may post on the Service, is not and will not be unlawful, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation.
d.Your Content does not and will not create any liability on the part of Pen Pals, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders.
e. All information provided by you, including without limitation Your Content and any information posted through your account, is accurate and up-to-date.
Pen Pals reserves the right to remove Your Content, suspend or terminate your access to the Service and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation.
9. You Bear Risk of Upload.
Pen Pals uses reasonable security measures in order to attempt to protect any content or information that you upload, including without limitation any information, photographs or other images, or intellectual property (collectively, “Your Content”). However, Pen Pals cannot guarantee that there will be no unauthorized copying or distribution of Your Content nor will Pen Pals be liable for any copying or usage of Your Content not authorized by Pen Pals. You hereby release and forever waive any claims you may have against Pen Pals for any such unauthorized copying or usage of Your Content, under any theory of liability. THE SECURITY MEASURES TO PROTECT YOUR CONTENT USED BY PEN PALS HEREIN ARE PROVIDED AND USED "AS-IS" AND WITH NO WARRANTIES OR ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES. IF YOU DO NOT WISH FOR YOUR CONTENT TO BE PUBLIC, DO NOT UPLOAD IT TO THE SERVICE.
10. Membership; Pricing; Charges on Your Account.
We reserve the right to set prices in our sole discretion, and to increase or decrease prices without prior notice to users.
b. Billing. Pen Pals bills you through the iOS App Store and/or the Google Play Store (each, an “App Store”) for use of certain features of the Service. You agree to pay all charges at the prices then in effect for any use of the Service through the App Store, and you authorize the App Store to charge the payment provider connected to your App Store account (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method.
c. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY PEN PALS IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR ACCOUNT. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE PEN PALS ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT PEN PALS MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY PEN PALS).
d. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.
11. Modifications to Service.
Pen Pals reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Pen Pals shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. Blocking of IP Addresses.
In order to protect the integrity of the Service, Pen Pals reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Service.
If you resign or cancel your Pen Pals account, to help Pen Pals analyze and improve the Service, you may be asked to provide a reason for your resignation/cancellation.
14. Third Party Content.
Pen Pals may provide third party content on the Service and may provide links to webpages and content of third parties (collectively, the “Third-Party Content”) as a service to those interested in this information. Pen Pals does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that Pen Pals does not create Third-Party Content, nor does Pen Pals update or monitor it. Pen Pals is therefore not responsible for any Third-Party Content on the Service. Users use such Third-Party Content at their own risk.
The Service may include links or references to other web sites or services solely as a convenience to Pen Pals users (collectively, the “Reference Sites”). Pen Pals does not endorse any Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between you and the relevant advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
15. Intellectual Property.
Pen Pals, the Pen Pals logos and any other product or service name or slogan contained in the Service are trademarks of Pen Pals or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Pen Pals or the applicable trademark holder. Any authorized use of these trademarks must be in accordance with any guidelines that Pen Pals may provide you from time to time.
Pen Pals retains all proprietary rights in the Service, except where otherwise noted. The Service contains the copyrighted material, trademarks, and other proprietary information of Pen Pals, and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on Pen Pals is proprietary. Except where otherwise specified in this Agreement, all content is copyrighted material of Pen Pals and for Pen Pals Members' use only. Distribution of content to others is strictly prohibited. You agree that Pen Pals would be irreparably harmed by any violation or threatened violation of this section and that, therefore, Pen Pals shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.
You may not use any metatags or any other hidden text utilizing "Pen Pals" or any other name, trademark or product or service name of Pen Pals without our prior written permission. In addition, the look and feel of the Pen Pals Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Pen Pals and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or any other affiliation.
The Service is owned and operated by Pen Pals, Inc.. Unless otherwise indicated, all content and other materials on the Service, including, without limitation, Pen Pals’s logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence).
16. Ownership of Your Content; Licenses.
Pen Pals does not claim ownership of Your Content. However, with respect to Your Content, you grant Pen Pals a worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, and publicly display such content on the Service.
This license exists only for as long as you elect to continue to include such content on the Service and will terminate at the time you remove or Pen Pals removes Your Content from the Service.
17. Copyright Policy.
Pen Pals prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.
Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to:
145 S. Fairfax Avenue, 2nd Floor
LOS ANGELES CA 90036
When contacting us, please make sure that you include the following information:
a. a statement that you have identified content on Pen Pals that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
b. a description of the copyright work(s) that you claim have been infringed;
c. a description of the content that you claim is infringing and the Pen Pals URL(s) where such content can be located;
d. your full name, address and telephone number, a valid email address on which you can be contacted, and your Pen Pals user name if you have one;
e. a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. ¤512(c), please also include the following:
g. with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
h. your electronic or physical signature (which may be a scanned copy).
Pen Pals will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
The foregoing process applies to copyright only. If you discover any content that you believe to be in violation of your trademark rights, please report this to us by mail or email at 145 S. Fairfax Avenue, 2nd Floor
LOS ANGELES CA 90036
18. Community Guidelines; Repeat Infringer Policy.
By using the Service, you acknowledge and agree that you have read, and that you agree to, our Community Guidelines, available at https://penpals.io/communityguidelines. Failure to comply with our Community Guidelines may result in your account being suspended or cancelled.
In accordance with the DMCA and other applicable laws around the world, Pen Pals has adopted a policy that it will promptly terminate without notice any user's access to the Service if that user is determined by Pen Pals to be a "repeat infringer." A repeat infringer includes, without limitation a user who has been notified by Pen Pals of infringing activity violations more than twice and/or who has had any user-submitted content removed from the Service more than twice. Pen Pals may also at our sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
In addition, Pen Pals accommodates and does not interfere with standard technical measures used by intellectual property rights owners to protect their materials.
19. Terms for the iOS App.
You further acknowledge and agree that Apple is not responsible for addressing or resolving any claims by you or a third party relating to your use and/or possession of the App, including, but not limited to, warranty or liability claims, claims that the App fails to conform to a legal or regulatory requirement, consumer protection or similar claims, or claims that the App infringes the intellectual property rights of a third party (including, without limitation, trademark, copyright, and/or patent rights).
20. Limitation of Liability.
In no event shall Pen Pals be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Service, or use thereof. Nothing contained in the Service or in any written or oral communications from Pen Pals or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.
The content and functionality on the Service, along with the services provided by employees of the Service, are offered "as is" without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Pen Pals makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Service’s content or that the functionality of the Service will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL PEN PALS, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, EVEN IF PEN PALS HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL PEN PALS HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF PEN PALS HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Pen Pals and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement or the Service shall be limited to monetary damages that in the aggregate may not exceed the sum of any amount paid by the Member or user to Pen Pals during the six months prior to notice to Pen Pals of the dispute for which the remedy is sought.
21. Indemnity by You
You agree to indemnify and hold Pen Pals, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:
c. any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Pen Pals.
22. Attorney Fees.
23. Parental or Guardian Permission.
Some of the content on the Service may not be appropriate for children. INDIVIDUALS UNDER THE AGE OF 16 ARE NOT PERMITTED TO USE THE SERVICE OR GIVE PEN PALS THEIR EMAIL ADDRESS OR ANY OTHER PERSONALLY IDENTIFIABLE INFORMATION.
25. Jurisdiction and Choice of Law; Dispute Resolution.
If there is any dispute arising out of the Service, by using the Service, you expressly agree that any such dispute shall be governed by the laws of the State of California, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of California with the same force and effect as if such service had been made within the State of California. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
26. Arbitration Provision/No Class Action.
Except where prohibited by law, as a condition of using the Service, you agree that any and all disputes, claims and causes of action (collectively, "Claim") arising out of or connected with the Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of California, County of Los Angeles, or the U.S. District Court for the Central District of California. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of California, County of Los Angeles, or the U.S. District Court for the Central District of California.
27. No Third Party Beneficiaries.
28. Availability Outside the U.S.
29. Entire Agreement.
30. Severability; Waiver.
Please contact us with any questions regarding this agreement. Pen Pals is a trademark of Pen Pals, Inc. (registration submitted). The Pen Pals logo is a registered trademark of Pen Pals Inc.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.