Image Credit: Supplied
Published: September 29, 2016
www.pencilwritten.com (the “Site”) is the website of pencilwritten is published by pencilwritten.com(hereinafter referred to as the “Owner”).
Access to and use of the Site is subject to the following terms and conditions (the Terms and Conditions“):
1. By using the Site you agree to be legally bound by these Terms and Conditions, which shall take effect immediately on your first use of the Site. If you do not agree to be legally bound by these Terms and Conditions, you must not access or use the Site.
2. The Owner may update or amend these Terms and Conditions at any time by the posting changes online. Please review these Terms and Conditions regularly to ensure you are aware of all changes made thereto. Your continued use of the Site after changes are posted means that you agree to be legally bound by these Terms and Conditions as updated or amended.
Use of the Site
3. Access of this site is for non-commercial use only. For the avoidance of doubt, you can view the content on your receiving device solely for that purpose but you may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use the Site content in any way except for your own personal use. You also agree not to adapt, alter or create a derivative work from the Site content. Any other use of the Site content requires the prior written permission of the Owner. If the Owner has granted a specific license to you, you may copy or reproduce Site content if such copying or reproduction is incidental or necessitated by your legitimate business needs, strictly subject to the requirement that all Site content is properly accredited to the Owner.
4. You agree to use the Site only for lawful purposes and in a way that does not infringe the rights of any other user or restrict or inhibit any other user’s use and enjoyment of the Site. Prohibited behavior includes but is not limited to harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Site.
5. In accessing the Site, you agree not to:
5.1. impersonate another person or use a false name or a name you are unauthorized to use to create a false identity or e-mail address or try to mislead others as to the identity or origins of any communications;
5.2. damage, interfere with or disrupt access to the Site or to anything which may interrupt or impair its functionality;
5.3. threaten, harass, stop, abuse, disrupt or otherwise violate the rights (including rights of privacy) of others;
5.4. make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “trojan horses”, “worms” or any other harmful software; or
5.5. post, upload, publish, reproduce, transmit or otherwise distribute or make available information or other material on the Site:
(i) that constitutes or encourages conduct that would give rise to a criminal offence or civil liability;
(ii) which is protected by copyright or other intellectual property right or derivative works thereof, without obtaining prior written permission of the intellectual property right holder; or
(iii) otherwise use the Site in a manner which is contrary to law or which may, in the opinion of the Owner, adversely impact use of the Site or the internet.
The Owner retains the absolute right to prevent you from accessing the Site, without prejudice to any of the Owner’s available rights and remedies, where it, in its absolute and sole discretion, considers that you are contravening these Terms and Conditions and/or any other access policy relating to the Site that may be maintained by the Owner.
Disclaimers and Limitation of Liability
7. The Site content, including the information, names, images, pictures, logos and icons regarding or relating to the Owner, its products and/or services (or to third party products and services), is provided “AS IS” and on an “IS AVAILABLE” basis without any representations. The Owner does not warrant that the functions contained in the Site content will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses, bugs, corrupt data, “trojan horses”, “worms” or any other harmful software.
The Owner assumes no responsibility to you or any third party for any errors or omissions of any kind in the Site content or deriving therefrom and disclaims all warranties and to any other matter relating to the Site and the Site content, including but not limited to, any kind of warranty made (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, merchantability, non-infringement, compatibility, security and accuracy.
8. Under no circumstances will the Owner be liable for any damages and/or losses and/or other claims (whether the same were foreseen, foreseeable, known or otherwise) arising out of or in connection with the use or performance of the Site or the content available or referred to on the Site or on any other site that you may access through the Site, even if advised of the possibility of such damages, including without limitation:
8.1. loss of data;
8.2. loss of revenue or anticipated profits;
8.3. loss of business;
8.4. loss of opportunity;
8.5. loss of goodwill or injury to reputation/defamation;
8.6. losses suffered by third parties; or
8.7. any indirect, consequential, special, incidental or exemplary damages.
9. All material contained on the Site is published in good faith. The Owner does not in any circumstance accept responsibility for the accuracy or otherwise of any Advertisement or message published or its compliance with any legal or regulatory requirements (nor is any kind of warranty expressed or implied by such publication). The Owner specifically disclaims all and any liability to the Buyer, Advertisers, readers and users or any other person of any kind for loss or damage of any nature whatsoever and however arising, whether due to inaccuracy, error, omission or any other cause, and whether on the part of the Owner or its employees or agents or any other person. Under no circumstances shall the Owner be liable to the Buyer, Advertisers, readers and users or any other person for any special, incidental, indirect or consequential damages of any kind, including, without limitation, those resulting from loss of sales, loss of goodwill, loss of profits, whether or not the Owner was advised of the possibility of such losses. In all other respects, the Owner’s liability shall be limited to the relevant fee paid by the Buyer.
- We use DFP ad serving technology to help with serving digital advertisements and collecting information about your visits to this website, which may be utilized by DFP and us in order to provide advertisements about goods and services that may be of interest to you. Further information about DFP technology use is available on this link https://support.google.com/dfp_premium/answer/2839090?hl=en.
To provide you services, we also use Lotame Crowd Control for data collection, details of which may be found at http://lotame.com. You have the option to opt out by deleting your browser cookies.
Please also note that we use other third party services on our website that also collect information about your visits to this website in order to analyses and improve the services on the website.
By using the Site you consent to the collection and processing of data about you by DFP Lotame, any third party and/or us.
11. The Owner reserves the right to modify or suspend the Site at any time and for so long as the Owner (at its sole discretion) may wish, as well as change or remove any Site content from the Site, in whole or in part, at its sole discretion, at any time without notice and without any liability whatsoever.
12. Links available on the Site will allow you to link to websites not maintained or controlled by the Owner. The Owner provides these links for your convenience and is not responsible for the contents of any linked websites. The Owner cannot and does not warrant the accuracy, completeness, non-infringement, merchantability or fitness for a particular purpose of any information available through these links and makes no representation or endorsement whatsoever about any other website which you may access through the Site. It is your responsibility to ensure that any website you choose to use is free of potentially destructive items such as viruses.
13. You agree to defend, indemnify and hold harmless the Owner from any and all liability, costs, claims, proceedings, demands, losses, damages, expenses, including without limitation, all attorneys’ fees, which may be related to any violation of these Terms and Conditions by you or users of your account or in connection with the use of the Site or placement or transmission of any information or other materials on the Site by you or users of your account.
14. All intellectual property rights, including copyright and database rights, in this site and its contents (including but not limited to text, images, software, illustrations, artwork, high resolution photography, video clips, audio clips and any after- sales material, hereinafter referred to as “the materials”) are owned by or licensed by the Owner or otherwise used by the Owner as permitted by applicable law.
The names, images and logos identifying the Owner or third parties and their products and services are subject to copyright, design rights and trademarks of the Owner and/or third parties. Nothing contained in these Terms and Conditions shall be construed as conferring by implication, estoppel or otherwise, any license or right to use any trademark, patent, design right or copyright of the Owner or any third party.
Contributions to the Site
15. Where you are invited to submit a contribution to the Site (including but not limited to any text, photographs, video or graphics) you agree, by submitting your contribution, to grant the Owner a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and other applicable rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution. If you do not want to grant to the Owner the rights set out above, you should not submit your contribution to the Site.
16. By submitting your contribution to the Site, you:
16.1. warrant that your contribution:
(i) is your own original work and that you have the right to make it available to the Owner for all the purposes specified above;
(ii) is not defamatory;
(iii) will not cause incidental or consequential harm; and
(iv) does not infringe any law or regulation;
16.2. indemnify the Owner against all legal fees, damages and other expenses that may be incurred by the Owner as a result of your breach of the above warranty or otherwise; and
16.3. waive any moral and economical rights in your contribution for the purposes of its submission to and publication on the Site and the purposes specified above.
17. If there is any conflict between these Terms and Conditions and the terms and conditions appearing elsewhere on the Site, these Terms and Conditions shall prevail in respect of this Site.
18. No modification shall be binding unless made in writing by the Owner.
19. No waiver by the Owner shall be effective except in relation to the matter in respect of which it was specifically given.
20. The Owner’s failure to insist upon or enforce strict performance of any provision contained herein shall not be construed as a waiver of any provision contained, or right granted, herein.
21. If any of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable, in whole or in part, by a court of competent jurisdiction within any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that Term or Condition, or part thereof, is illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect the legality, validity or enforceability of any other provisions contained herein.
22. These terms shall be governed by and interpreted in accordance with the laws of the Government applicable in the Country.
Changes to the Terms and Conditions
23. Links which lead to other websites and any third party data contained on the pencilwritten website (collectively the “Third Party Content”) are not under our control and we accept no liability in respect thereof. The Third Party Content is provided to you for information purposes only and its inclusion on our website does not imply reliability and endorsement by us of the Third Party Content. We do not warrant the accuracy, quality, completeness, or reliability of the Third Party Content or that it will be error free, virus free, uninterrupted or free from unauthorized use or hackers. You therefore assume all risk in connection with your use of the Third Party Content.
Thank you for visiting and using the Site. We welcome your feedback and suggestions on all Site services. Please fill in the required fields in the ‘Contact Us’ form and send it to us.