This Agreement sets out the legally binding terms of your use of the Web site and your membership in the Service and may be modified by PenPal Garden from time to time, such modifications to be effective upon posting by PenPal Garden on the Web site.
1. Eligibility. You must be 18 or over to register as a member of PenPal Garden or use the Web site. If you are below 18, you need to ask for your parent's or guardian's permission. Membership in the Service is void where prohibited. By using the Web site, 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. PRISONERS OR INMATES ARE NOT ALLOWED TO JOIN OR USE THIS SITE.
2. Term. This Agreement will remain in full force and effect while you use the Web site and/or are a Member. You may terminate your membership at any time, for any reason by logging in to your account and clicking the Remove Profile link, or upon receipt by PenPal Garden of your written or email notice of termination. PenPal Garden may terminate your membership for any reason, without notification. Even after membership is terminated, this Agreement will remain in effect.
3. Non Commercial Use by Members. The Web site is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Web site for any purpose. Illegal and/or unauthorized uses of the Web site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Web site are strictly prohibited.
4. Proprietary Rights in Content on PenPal Garden. PenPal Garden owns and retains all proprietary rights in the Web site and the Service. The Web site contains the copyrighted material, trademarks, and other proprietary information of PenPal Garden. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
5. Content Posted on the Site.
a. You understand and agree that PenPal Garden may review and delete any content, messages, PenPal Garden Messages, photos or profiles (collectively, "Content") that in the sole judgment of PenPal Garden violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.
c. By posting Content to any public area of PenPal Garden, you automatically grant, and you represent and warrant that you have the right to grant, to PenPal Garden an irrevocable, perpetual, non-exclusive, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
d. The following is a partial list of the kind of Content that is illegal or prohibited on the Web site. PenPal Garden reserves the right to investigate and take appropriate action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters" "scam mail", "virus hoaxes", or unsolicited mass mailing or "spamming";
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person? copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- seeking marriage, obscenity, sexually oriented;
- displays pornographic or sexually explicit material of any kind;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone? privacy, or providing or creating computer viruses;
- solicits donations or financial help;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, investments, and pyramid schemes.
e. You must use the Service in a manner consistent with any and all applicable laws and regulations.
f. You may not include in your penpal profile any telephone numbers, or street addresses.
g. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although PenPal Garden cannot monitor the conduct of its Members off the Web site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.
6. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our admin with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
7. Disclaimers. PenPal Garden is not responsible for any incorrect or inaccurate Content posted on the Web site or in connection with the Service, whether caused by users of the Web site, Members or by any of the equipment or programming associated with or utilized in the Service. PenPal Garden is not responsible for the conduct, whether online or offline, of any user of the Web site or Member of the Service. PenPal Garden assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. PenPal Garden is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will PenPal Garden be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any Content posted on the Web site or transmitted to Members, or any interactions between users/visitors of the Web site, whether online or offline. The Web site and the Service are provided "AS-IS" and PenPal Garden expressly disclaims any warranty of fitness for a particular purpose or non-infringement. PenPal Garden cannot guarantee and does not promise any specific results from use of the Web site and/or the Service.
8. Limitation on Liability. In no event will PenPal Garden be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if PenPal Garden has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, PenPal Garden? liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to PenPal Garden for the Service during the term of membership.
9. Indemnity. You agree to indemnify and hold PenPal Garden, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
10. Other. This Agreement, accepted upon use of the Web site and further affirmed by using the Service, contains the entire agreement between you and PenPal Garden regarding the use of the Web site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
These terms, and conditions are not all-inclusive and are subject to change at the sole discretion of PenPal Garden.
Please contact us with any questions regarding this agreement.