Welcome to the Penpaland Social Networking Service .Your use of the Service is subject to these Terms of Service ("TOS"). Penpaland reserves the right to update and change the TOS from time to time without notice or acceptance by you. The TOS will also be applicable to the use of the Service on a trial basis. By using the Service, you signify your irrevocable acceptance of this TOS, as amended by Penpaland periodically and acknowledge that changes to this agreement may be made at any time.
2.1 The Service is web-based and allows users that register for an account on the Service (an "Account Holder") to create and update an online profile on Penpaland’ Internet property.
2.2 Once registered with the Service, each Account Holder receives his or her own Profile to post "Content" (as such term is defined in Section 7). Each Profile has limited disk space. The type and number of tools you may use depend on the type of account you have. Users are also allowed to contact other users via a Private Message and message board (“Wall”) system or chat rooms. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new penpaland.com tools and resources, shall be subject to the TOS.
2.3 In order to use the Service, you must obtain 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 provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
2.4 You also understand and agree that the Service may include certain communications from Penpaland, such as Service announcements and administrative messages, and that these communications are considered part of Penpaland membership and you will not be able to opt out of receiving them.
2.5 You agree not to access the Service by any means other than through the interfaces that are provided by Penpaland for use in accessing the Service.
3.1 In order to use the Service, you must have a valid Penpaland ID. To be an Account Holder with your own Profile, you must provide Penpaland with your name, a valid email address and other information ("Registration Data").
3.2 As an Account Holder, you will choose a password and account designation (“Username”) for your Profile during the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. 3.3 You agree to
(a) ensure that you exit from your account at the end of each session.
3.3 Penpaland cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3. In consideration of use of the Service, you agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form, and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
3.4 If you provide any information that is untrue, inaccurate, not current or incomplete, or penpaland has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Penpaland has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
3.5 Eligibility to register for an Account on the Service comes with the following exceptions:
(a) Users under 13 years of age are prohibited from using the Service and registering for an Account.
4.1 If you cancel the Service, your cancellation will take effect immediately. After cancellation, you will no longer have access to your Profile and all information contained therein may be deleted by Penpaland.
4.2 You agree that penpaland.com, in its sole discretion, may terminate your password and/or account, and remove and discard any Content within the Service (including, but not limited to your Profile and Personal Messages if you are an Account Holder), for any reason, including and without limitation if Penpaland believes that you have violated or acted inconsistently with the letter or spirit of the TOS.
4.3 Penpaland may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice.
4.4 You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Penpaland may immediately deactivate or delete your Profile, as applicable, and all related information and files.
4.5 Penpaland reserves the right to bar any further access to such files or the Service.
4.6 You agree that Penpaland shall not be liable to you or any third-party for any termination of your access to the Service.
5.2 Personal data that may be shared on your Profile is at the discretion and responsibility of the Account Holder.
5.3 The Account Holder selects for each profile created whether to share that specific profile with the public, friends, or private to the Account Holder only.
5.4 Penpaland at its sole discretion may modify or remove any of the information contained within a user’s Profile without warning should it be found or suspected to be false or contain prohibited Content (Section 7).
5.5 In order to verify compliance with these Terms of Service, Penpaland reserves the right to access and examine Registration data, Private Message data and/or any other Content submitted by a user on the Service.
6.1 You are responsible for maintaining the security of your account and Profile, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Profile.
6.2 Penpaland cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
6.3 You acknowledge and agree that under no circumstances will penpaland.com be liable, in any way, for any acts or omissions by an Account Holder or a Guest, including any damages of any kind incurred as a result of such acts or omissions.
7.1 You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, Services or other materials ("Content") are the sole responsibility of the person from which such Content originated.
7.2 You, and not Penpaland, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service.
7.3 You acknowledge that Penpaland does not pre-screen Content, but that Penpaland and its designers shall have the right (but not the obligation) in their sole discretion to refuse, move, modify or delete any Content that is available via the Service.
7.4 In this regard, you acknowledge that you may not rely on any Content created by Penpaland or submitted to Penpaland. You acknowledge and agree that Penpaland may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
• (a) comply with legal process;
• (b) enforce the TOS;
• (c) respond to claims that any Content violates the rights of third-parties; or
• (d) protect the rights, property, or personal safety of Penpaland, its users and the public.
7.5 You understand that the technical processing and transmission of the Service, including your Content, may involve
7.6 You agree that you will not:
• (a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
• (b) harm minors in any way;
• (c) impersonate any person or entity, including, but not limited to, as an Penpaland official, forum leader, moderator or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
• (e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• (f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
• (g) upload, post, or transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as
(h) sending mass email to recipients who haven't requested email from you or with a fake return address,
• (i) upload, post or otherwise transmit any material that contains software viruses 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;
• (j) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• (k) intentionally or unintentionally violate any applicable local, state, national or international law.
• (l) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
• (m) solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
• (n) exceed the scope of the Service that you have signed up for; for example, accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other people's comments or Content;
• (o) obscure any advertisements from general view via HTML/CSS or any other means.
• (p) upload or link to any images depicting full nudity, sexual activity, suggestion of sexual activity, pornography, illegal drug use, racist or hate symbols as determined by Penpaland or its designees;
• (q) copy or reproduce images from the profiles of other Penpaland users without their explicit prior consent.
• (r) upload Content that contains profanity, racist or hate speech, offensive images, or any subject matter inappropriate for an audience of all ages as determined solely at the discretion of Penpaland;
If any user is reported to be in violation with the letter or spirit of these terms, Penpaland retains the right to terminate such account at any time without further warning;
8.1 Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
9.1 Penpaland does not claim ownership of the Content you place on your Penpaland Profile. By submitting Content to Penpaland for inclusion on your Penpaland Profile, you grant Penpaland a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Profile on Penpaland’s Internet properties.
10.1 You understand and agree that the Service may include advertisements and that these advertisements are necessary for Penpaland to provide the Service. You also understand and agree that you will not obscure any advertisements from general view via HTML/CSS or any other means.
10.2 By using the Service, you agree that Penpaland has the right to run such advertisements with or without prior notice, and without recompense to you or any other user. The manner, mode and extent of advertising by Penpaland on your Profile are subject to change at Penpaland’ discretion.
10.3 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Penpaland shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
11.1 The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Penpaland has no control over such sites and resources, you acknowledge and agree that Penpaland is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.
11.2 You acknowledge and agree that Penpaland shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or Services available on or through any such site or resource.
12.1 You agree to indemnify and hold Penpaland, and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your Guests activities, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not.
13.1 You acknowledge that Penpaland may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time without notice to you.
14.1 Penpaland reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Penpaland shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
15.1 You expressly understand and agree that:
• (a) any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
• (b) no advice or information, whether oral or written, obtained through or from the Service shall create any warranty not expressly stated in the tos.
• (c) Penpaland is not responsible for the conduct, whether online or offline of any user of the Penpaland Services.
16.1 You expressly understand and agree that Penpaland shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Penpaland has been advised of the possibility of such damages), resulting from:
• (i) the use or the inability to use the Service;
• (ii) the cost of procurement of substitute goods and Services resulting from any goods, data, information or Services purchased or obtained or messages received or transactions entered into through or from the Service;
• (iii) unauthorized access to or alteration of your transmissions or data;
• (iv) statements or conduct of any third party on the Service; or
• (v) any other matter relating to the Service.
17.1 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 15 and 16 may not apply to you.
18.1 Penpaland respects the intellectual property of others, and we ask our users to do the same. Penpaland may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.
19.1 Member Disputes. You are solely responsible for your interactions with other Penpaland members. Penpaland reserves the right, but has no obligation, to monitor and arbitrate disputes between you and other Members.
20.1 Notices to you may be made via either email, regular mail or via the Private Message system. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
20.2 The failure of Penpaland to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and Penpaland and govern your use of the Service, superseding any prior agreements between you and Penpaland (including, but not limited to, any prior versions of the TOS).
20.3 You also may be subject to additional terms and conditions that may apply when you use affiliate or other Penpaland Services, third-party Content or third-party software. If any provision of the TOS or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
20.4 You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
21.1 Please report any violations of the TOS to us via our contact page or by clicking on the "Report this" links throughout our web site.