Welcome to Penmancy!
We’re so glad you’re here. Make yourself comfortable and have a good time, but please follow our house rules.
This policy was published on October 15, 2020. It will take effect on October 15, 2020.
1. Accepting These Terms
The Terms are a legally binding contract between you and Penmancy.
By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions. *
This contract sets out your rights and responsibilities when you use penmancy.com, our mobile apps, and the other services provided by Penmancy (we’ll refer to all of these collectively as our “Services”), so please read it carefully. By using any of our Services (even just browsing our website), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services. Agree with us? Great, read on!
2. Your Privacy
3. Your Content
Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it, which includes anything you post using our Services (like names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).
A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
B. Permission to Use Your Content. By posting Your Content through our Services, you grant Penmancy a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Penmancy function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote it. For example, you acknowledge and agree that Penmancy may offer you promotions on the Site, from time to time, that may relate to your listings
C. Rights You Grant Penmancy. (Here’s the legalese version of the last section). By posting Your Content, you grant Penmancy a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Penmancy, your Penmancy content, or the Services in general, in any formats and through any channels, including across any Penmancy Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
That sounds like a lot, but it’s necessary for us to keep Penmancy going. Consider these examples: if you share your content on our Penmancy website, we have permission to display it to readers, and we can resize or enhance it so it looks good to a reader using our mobile app or we can feature it– often along with your name and picture– on our homepage, in one of our blogs or even on our landing page to help promote your content and Penmancy’s.
D. Reporting Unauthorised Content. Penmancy has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please send a mail to firstname.lastname@example.org along with the necessary details (such as date and title of the content published). If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminating your account if you are found to be a repeat infringer. We will notify you if any of that happens. With regards to sharing the intellectual property of Penmancy, you must not-
create a false or misleading Penmancy account or User profile with inaccurate or untrue information;
use our Services to list, market, offer for sale, or sell goods or services without our express prior written permission;
use our Services or any Content in connection with posting or distributing spam or other unauthorized or unsolicited advertising, promotional messages, or bulk electronic communications;
collect information about Users (including email addresses) or send marketing email or other promotional communications to Users without their consent;
access our Services by any means other than the interface and instructions that we provide;
access, tamper with, or use non-public areas of our Services, our computer systems, or the technical delivery systems of our service providers;
breach, disable or circumvent any security or authentication measures on or in connection with our Services;
interfere with the normal operation of our Services or the access of any User, including transmitting any viruses or harmful code, flooding our Services with excessive requests or traffic, or taking any other action that creates (in our sole estimation) an unreasonable or disproportionately large load on our servers or systems;
decipher, decompile, disassemble, reverse engineer, or otherwise derive or extract any source code or underlying ideas or algorithms of, any of our Services;
adapt, modify, create derivative works from, or redistribute any of our Services without our express prior written permission;
use any robot, scraper, spider, or other automatic or manual process to monitor or extract data from our Services without our express prior written permission (we may also use robot exclusion headers within our Services and you agree to comply with all such headers);
forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use our Services or any Content to send altered, deceptive, or false source-identifying information;
mirror, frame or display any part of our Services on any other website or elsewhere without our express prior written permission;
E. Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on Penmancy’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of the law of the land, or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
F. Withdrawal of content. It is agreed that Your Content is shared on our website through mutual consent and that we have your permission to use it to help Penmancy function and grow. To keep this in the best interest for the community to grow and retain its value, the content submitted by you may not be withdrawn from the website if it has won a contest, event or any such benefit from Penmancy. Other content may be withdrawn on the basis of a written request after 365 days of the first publication of Your Content.
4. Your Use of Our Services
A. License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:
B. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it is your responsibility to obtain any permits or licenses that your content requires; you may not sell anything that violates any laws; you must comply with our sanctions, and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Penmancy, another Penmancy user, or a third party.
C. Pay Your Bills. You are responsible for paying all fees that you owe to Penmancy, if any.
D. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
E. Follow Our Trademark Policy. The name “Penmancy” and the other Penmancy marks, phrases, logos, and designs that we use in connection with our Services, are trademarks, service marks, or trade dress of Penmancy in India and other countries. If you’d like to use our trademarks, you must not-
use any meta-tags or other hidden text or metadata containing any Penmancy trademark, service mark, product name, or URL without our express prior written permission;
use any Penmancy trademark, service mark, product name, logo or URL in any way that incorrectly suggests our affiliation with or endorsement of any person, entity, event, product or service;
use any trademark, service mark, product name, logo, trade dress, or design that is in any way confusingly similar to any Penmancy trademark, service mark, product name, or logo, or to the look and feel of any of our Services; or
remove, conceal, modify or tamper with any copyright, trademark, or other proprietary marking or notice, or any digital watermark or other technical measure used to indicate the source or ownership of any image or other Content.
F. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Penmancy (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
G. Talk to Us Online. From time to time, Penmancy will provide you with certain legal information in writing. By using our Services, you are agreeing to our Electronic Communications, which describes how we provide that information to you. It says that we can send you information electronically (such as by email) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.
©Penmancy | 2020