Welcome to the PencilPlayPals website, a website owned and operated by Whehey Publishing.
The terms and conditions stated below, along with the policies and guidelines located throughout the PencilPlayPals Site (collectively herein the "Terms of Use") identify what you, as a user of the PencilPlayPals Site ("you" or "User") can expect from PencilPlayPals, its parent, subsidiaries, and affiliates (together referred to herein as "PencilPlayPals.com"), and/or persons who provide products or services to PencilPlayPals.com customers either directly or through PencilPlayPals.com ("PencilPlayPals.com Providers") and the PencilPlayPals.com Site and what PencilPlayPals.com in turn expects from Users. By visiting any area on the PencilPlayPals.com Site, creating an account, making a purchase via the PencilPlayPals.com Site, joining any PencilPlayPals.com online interactive community, such as posting a review or creating a profile, or otherwise joining, viewing, visiting or contributing to PencilPlayPals.com user forums or interactive features (all of the foregoing are sometimes referred to in this document as the "PencilPlayPals.com"), a User is deemed to have accepted the Terms of Use. If you do not agree to be bound by these Terms of Use and to follow all applicable laws, you should leave the PencilPlayPals.com Site immediately.
I. LICENSES AND RESTRICTIONS
PencilPlayPals.com grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with PencilPlayPals.com) of the Contents of the PencilPlayPals.com Site ("Content"). Additional terms and conditions apply to User Created Content, as that term is defined at Section XII below. PencilPlayPals.com further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the PencilPlayPals.com Site so long as the link does not portray PencilPlayPals.com, its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter.
The foregoing licenses do not include any rights to:
modify, download (other than page caching), reproduce, copy, or resell the PencilPlayPals.com Site, the Content or any portion or derivative thereof;
commercially use the PencilPlayPals.com Site, the Content or any portion derivative thereof (unless User has a business relationship with PencilPlayPals.com);
copy or download any User's account or profile information for the benefit of any third party; enable high volume, automated, electronic processes that apply to the PencilPlayPals.com Site or its systems; use any robot, spider, data miner, scraper or other automated means to access the PencilPlayPals.com or its systems for any purpose; interfere or attempt to interfere with the proper working of the PencilPlayPals.com; bypass any PencilPlayPals.com measures used to prevent or restrict access to any portion of the PencilPlayPals.com; frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PencilPlayPals.com; use PencilPlayPals.com name, trademarks, services marks or logos in any meta tags or any other "hidden text" or compile, repackage, disseminate or otherwise use data extracted from the PencilPlayPals.com Site. The foregoing are expressly prohibited; the right to do any of the foregoing shall require PencilPlayPals.com's express written consent (which may include a written agreement signed by an authorized representative of PencilPlayPals.com). Any unauthorized use of the PencilPlayPals.com Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by PencilPlayPals.com.
2. TRADEMARKS
PencilPlayPals.com, Pencil Play Pals, Pencil Play Pals Club., or their respective parents, subsidiaries, or affiliates, or third parties from whom PencilPlayPals.com has permission, own the trademarks or service marks that are used on the PencilPlayPals.com Site. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of PencilPlayPals.com and its licensors used on the PencilPlayPals.com Site may not be used without prior written consent of PencilPlayPals.com or its licensor, as the case may be. Without limiting the foregoing, no PencilPlayPals.com trademark or trade dress may be used in connection with any product or service that is not PencilPlayPals.com's, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits PencilPlayPals.com.
3. Content
Proprietary Rights
User acknowledges that the PencilPlayPals.com Site contains Content that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and PencilPlayPals.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
Third-Party Content
PencilPlayPals.com is a distributor and not a publisher of Content supplied by third parties and Users. PencilPlayPals.com has no editorial control over such Content. PencilPlayPals.com is not obligated to review Content, including User Created Content, as that term is defined at Section XII below. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of PencilPlayPals.com or any PencilPlayPals.com Provider, unless expressly stated otherwise. Neither PencilPlayPals.com nor any PencilPlayPals.com Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated. In many instances, the Content available through the PencilPlayPals.com Site represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall either PencilPlayPals.com or any PencilPlayPals.com Provider be liable for any loss, damage or harm caused by a User's reliance on information obtained through the PencilPlayPals.com Site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content available through the PencilPlayPals.com Site.
4. EXPORT
The U.S. export control laws regulate the export and reexport of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations — including but not limited to the Export Administration Act and the Arms Export Control Act — and not to transfer, by electronic transmission or otherwise, any Content derived from the PencilPlayPals.com Site to either a foreign national or a foreign destination in violation of such laws and regulations.
5. PRICES
The price for an item on the PencilPlayPals.com Site may differ from the price shown in a User's shopping cart — it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the PencilPlayPals.com Site. If the price for the item on the PencilPlayPals.com Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of PencilPlayPals.com, PencilPlayPals.com may either (i) contact the User for instructions before shipping the item or charging the User for such item; (ii) cancel the order for such item and notify the User of such cancellation; or (iii) ship the item at the incorrect price to the benefit of the User.
Please note that this policy regarding prices applies only to items sold and shipped by PencilPlayPals.com. Any purchases from any third-party sellers on the PencilPlayPals.com Site (e.g., sellers of products provided via PencilPlayPals.com) may be subject to different policies in the event of an incorrectly priced item.
6. RISK OF LOSS
The risk of loss and title for all items purchased via the PencilPlayPals.com Site pass to the User upon delivery of the item to the carrier.
7. PRODUCT DESCRIPTION
The items offered for sale on the PencilPlayPals.com contain descriptions that are provided directly by the publisher, manufacturer or distributor of such item. PencilPlayPals.com does not represent or warrant that the descriptions of such items are accurate or complete. IF A USER PURCHASES AN ITEM FROM PencilPlayPals.com THAT IS NOT AS DESCRIBED ON THE PencilPlayPals.com SITE, THE USER'S SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE.
8. AGE OF USERS
The products and services for sale on PencilPlayPals.com are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 ("Minors") are not permitted to purchase anything on PencilPlayPals.com websites without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on any of the PencilPlayPals.com websites, we will remove that information as soon as possible.
9. TERMINATION OF USAGE
PencilPlayPals.com may issue a warning, temporarily suspend, indefinitely suspend or terminate any User's right to use or access all or any part of the PencilPlayPals.com Site including any account thereon, without notice, for any reason in PencilPlayPals.com's sole discretion, including without limitation violation of the Terms of Use, PencilPlayPals.com's belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, PencilPlayPals.com, any PencilPlayPals.com Provider or another User.
In certain cases, in PencilPlayPals.com's sole discretion, PencilPlayPals.com may provide written notice (a "Restriction Notice") to a User (a "Restricted User") to inform such Restricted User that (i) his or her right to use or access any part of the PencilPlayPals.com Site has been terminated including the right to use, access or create any account thereon; (ii) that PencilPlayPals.com refuses to provide any services to such Restricted User; and (iii) any subsequent orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.
10. INDEMNITY
User agrees to indemnify and hold PencilPlayPals.com and each PencilPlayPals.com Provider harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of such User's use of the PencilPlayPals.com Site, the PencilPlayPals.com Services, breach of the Terms of Use or User's violation of any law or the rights of a third party.
11. PASSWORD AND ACCOUNT SECURITY
Every User that has an account on the PencilPlayPals.com Site is responsible for (i) keeping his or her account password confidential and secured, (ii) avoiding unauthorized access to such User's computer; and (iii) keeping the e-mail address associated with that account current (User acknowledges that it is important to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her PencilPlayPals.com account using an old e-mail address, such User will not receive messages from PencilPlayPals.com about his or her orders and inquiries or other matters).
User accepts full responsibility for all activities that occur within such User's PencilPlayPals.com account or within the PencilPlayPals.com interactive community.
12. INTERACTIVE COMMUNITY
The PencilPlayPals.com Site offers numerous opportunities for interactive activities, which enable Users to communicate with each other directly, or which enable Users to post information and other material that will be visible to other Users of those services ("Interactive Community"). This Section XII, Interactive Community, applies to the activities of persons who are using interactive services on the Site ("Interactive Community Users"). The scope of these services may change from time to time, with or without notice. You are using Interactive Community services if you view or participate in the PencilPlayPals.com Book Clubs, post a review, create a list, create a profile, submit any User Created Content, as defined below, or otherwise participate in any interactive feature.
Interactive Community services may be used only for lawful purposes in accordance with these Terms of Use. If you are using any PencilPlayPals.com Interactive Community services, and post, publish or communicate any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on through the Interactive Community services, please choose carefully the information that you post and/or provide to other Users ("User Created Content"). User is prohibited from posting on or transmitting through the PencilPlayPals.com Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. PencilPlayPals.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting or other User Created Content (including private messages) by you, or to deny, restrict, suspend, or terminate access to all or any part of the Interactive Community services at any time, for any or no reason, with or without prior notice or explanation, and without liability.
PencilPlayPals.com reserves the right, in its sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Interactive Community services for any reason.
If you become aware of misuse of the Interactive Community services, including any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any applicable law, please activate the Flag feature on the page in question.
Notwithstanding the foregoing, PencilPlayPals.com assumes no responsibility for ongoing monitoring of the PencilPlayPals.com Site or for removal or editing of any User Created Content, even after receiving notice. PencilPlayPals.com assumes no liability for any action or inaction with respect to conduct, communication, or User Created Content within the Interactive Community.
The PencilPlayPals.com online interactive community is not designed for use by Minors. No children under the age of 13 are permitted to register or create user profiles; and individuals ages 13 through 18 must participate in the community only under the supervision of a parent or legal guardian. Numerous informational and commercial resources (such as computer hardware, software, or filtering services) are available to help parents keep their children safe online. If you are interested in learning more about these resources, information is available at many sites providing information on such protections. PencilPlayPals.com does not specifically sponsor or endorse any of these sites or their services.
You may not post User Created Content that: involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; contains restricted or password only access pages or hidden page or images (those not linked to or from another accessible page); solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes; includes a photograph or video of another person that you have posted without that person's consent; circumvents or modifies, or attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying any security technology or software that is part of the PencilPlayPals.com Site; Â involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; covers or obscures the banner advertisements on your personal profile page; involves any automated use of the PencilPlayPals.com Site, such as, but not limited to, using scripts to add friends or send comments or messages; interferes with, disrupts, or creates an undue burden on the PencilPlayPals.com Site or the networks or services connected to the Interactive Community services; impersonates or attempts to impersonate another Interactive Community User, person or entity; uses the account, username, or password of another Interactive Community User at any time or discloses your password to any third party or permits any third party to access your account; sells or otherwise transfers your profile; uses any information obtained from the PencilPlayPals.com Site in order to harass, abuse, or harm another person or entity, or attempting to do the same.
Interactive Community Users may upload to or otherwise submit to PencilPlayPals.com for distribution on the PencilPlayPals.com Site only (i) User Created Content that is not subject to any copyright or other proprietary rights restrictions; or (ii) User Created Content in which the owner or licensor has given express authorization for PencilPlayPals.com to distribute over the Internet. You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Any copyrighted or other proprietary User Created Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." PencilPlayPals.com is entitled to presume that all User Created Content conforms to the foregoing requirements. The unauthorized submission of copyrighted or other proprietary User Created Content is illegal and could subject the User to personal liability for damages in a civil suit as well as criminal prosecution. Interactive Community Users assume all liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of User Created Content. PencilPlayPals.com assumes no liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from any User Created Content. By submitting User Created Content within the Interactive Community, Interactive Community Users automatically grant, or represent and warrant that the owner or authorized licensor of such User Created Content has expressly granted PencilPlayPals.com, the royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, modify, delete, enhance and distribute the User Created Content in whole or in part worldwide and/or to incorporate such User Created Content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such User Created Content. Subject to this grant, the licensor of User Created Content submitted to PencilPlayPals.com retains any and all rights which may exist in such User Created Content.
13. NOTICES
User consents to receive electronic communications from PencilPlayPals.com, whether addressed to the e-mail address associated with such User's PencilPlayPals.com account or posted on the PencilPlayPals.com Site. User acknowledges and agrees that any communication via e-mail or by postings on this PencilPlayPals.com Site satisfies any legal requirement that such communications be made in writing.
14. DISCLAIMERS AND LIMITATION OF LIABILITY
PencilPlayPals.com is not responsible for and makes no warranties, express or implied, as to any Content appearing on the Site, including without limitation, any User Created Content or the accuracy and reliability of the Content, including User Created Content, posted on the PencilPlayPals.com Site or through the PencilPlayPals.com Services, whether caused by Users of the PencilPlayPals.com Site or the PencilPlayPals.com Services or by any of the equipment or programming associated with or utilized in the PencilPlayPals.com Site or the PencilPlayPals.com Services. Content, including User Created Content, does not necessarily reflect the opinions or policies of PencilPlayPals.com. Profiles and third party applications created and posted by Users on the PencilPlayPals.com Site may contain links to other websites. PencilPlayPals.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by PencilPlayPals.com. Inclusion of any linked website on the PencilPlayPals.com Services does not imply approval or endorsement of the linked website by PencilPlayPals.com. When you access these third party sites, you do so at your own risk. PencilPlayPals.com takes no responsibility for third party advertisements or third party applications that are posted on or through the PencilPlayPals.com Site or the PencilPlayPals.com Services, nor does it take any responsibility for the goods or services provided by its advertisers. PencilPlayPals.com is not responsible for the conduct, whether online or offline, of any User of the PencilPlayPals.com Site or the PencilPlayPals.com Services. PencilPlayPals.com 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, any User communication. PencilPlayPals.com 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 any e-mail or players due to technical problems or traffic congestion on the Internet or on any of the PencilPlayPals.com Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the PencilPlayPals.com Site or Services. Under no circumstances shall PencilPlayPals.com be responsible for any loss or damage, including personal injury or death, resulting from use of the PencilPlayPals.com Site or Services, from any Content, including User Created Content, posted on or through the PencilPlayPals.com Services, or from the conduct of any Users of the PencilPlayPals.com Site or PencilPlayPals.com Services, whether online or offline.
The PencilPlayPals.com Site is provided by PencilPlayPals.com on an "as is" and "as available" basis. To the fullest extent permissible by applicable law, each PencilPlayPals.com provider disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Without limiting the foregoing, neither PencilPlayPals.com nor any PencilPlayPals.com Provider makes any representation or warranty of any kind, express or implied: (i) as to the operation of the PencilPlayPals.com Site, or the information, Content, including User Created Content, materials or products included thereon; (ii) that the PencilPlayPals.com Site will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information, Content, including User Created Content, service, or merchandise provided through the PencilPlayPals.com Site; or (iv) that the PencilPlayPals.com Site, its servers, or e-mails sent from or on behalf of PencilPlayPals.com are free of viruses, scripts, trojan horses, worms or other harmful components.
PencilPlayPals.com does not guarantee the continuous, uninterrupted or secure access to the PencilPlayPals.com Site or any related services. The operation of the PencilPlayPals.com Site may be interfered with by numerous factors outside the control of PencilPlayPals.com.
Under no circumstances shall PencilPlayPals.com or any PencilPlayPals.com Provider be liable for any damages that result from the use of or inability to use the PencilPlayPals.com Site, including but not limited to reliance by a User on any information obtained from the PencilPlayPals.com Site or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to PencilPlayPals.com's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all Content, merchandise, and services available through the PencilPlayPals.com Site.
Neither PencilPlayPals.com nor any PencilPlayPals.com Provider will be liable for any indirect, incidental, special or consequential damages arising from the use of the PencilPlayPals.com Site or the purchase of any product therefrom, even if PencilPlayPals.com or any PencilPlayPals.com Provider have been advised of the possibility of such damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a User, some or all of the above disclaimers, exclusions, or limitations may not apply to such User, and such User may have additional rights.
15. SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of PencilPlayPals.com to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
16. APPLICABLE LAW; JURISDICTION
The PencilPlayPals.com Site is created and controlled by PencilPlayPals.com in the State of New York. The laws of the State of New York will govern the Terms of Use, without giving effect to any principles of conflicts of laws.
Each of PencilPlayPals.com and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within New York County, New York and waives any objection to the laying of venue of any litigation in said courts.
17. DISPUTE RESOLUTION
Any claim or controversy at law or equity that arises out of the Terms of Use, the PencilPlayPals.com Site or any PencilPlayPals.com Service (each a "Claim"), shall be resolved through binding arbitration conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Alternatively, at PencilPlayPals.com's sole option, a Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in New York County, New York.
Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.
You are solely responsible for your interactions with other Users. PencilPlayPals.com reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users.
Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with these Terms of Use. Further, each party hereto certifies that no representative or agent of either party has represented, expressly or otherwise, that such party would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Each of the parties acknowledges that this section is a material inducement for the other party entering into these Terms of Use.
18. DIGITAL MILLENNIUM COPYRIGHT ACT.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by PencilPlayPals.com, including User Created Content, infringe your copyright, you (or your agent) may send PencilPlayPals.com a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow PencilPlayPals.com to locate the material on the PencilPlayPals.com Site; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send PencilPlayPals.com a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: Simon Chandler, Whehey.com PencilPlayPals.com suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
19. ADDITIONAL TERMS AND CONDITIONS
In addition to the policies and guidelines located throughout the PencilPlayPals.com Site, the following policies are incorporated into the Terms of Use:
Copyright Policy and Privacy Policy accessible via a link on the bottom of the PencilPlayPals.com Site pages.
20. ACKNOWLEDGMENT
The Terms of Use, including all documents referenced herein, represents the entire understanding between User and PencilPlayPals.com regarding User's relationship with PencilPlayPals.com and supersedes any prior statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms.
21. MODIFICATION
PencilPlayPals.com reserves the right to make changes to the PencilPlayPals.com Site, posted policies and Terms of Use at any time without notice or liability. These terms were last revised on October 15, 2008.
Digital Millennium Copyright Act (Public Law 105-304). Corporate Policy and Procedures for Compliance. In accordance with the Digital Millennium Copyright Act,* PencilPlayPals.com has adopted the following policy toward copyright infringements:
"PencilPlayPals.com will block access to and/or remove any material that it believes in good faith to be copyrighted material that has been illegally copied and submitted to our site." This policy shall cover all aspects of PencilPlayPals.com, including but not limited to user book reviews and author chats.
Procedure for Reporting Copyright Infringements:
Submit a formal Notice of Copyright Infringement containing the following information:
Identification of what is being infringed.
Where the infringements are located.
Who is complaining.
How he or she may be contacted.
A statement of good faith belief that the material is infringing.
A statement made under threat of perjury that the information provided is accurate and the complaint is authorized by the copyright holder. Send the Notice of Copyright Infringement to the following Designated Copyright Infringement Agent for PencilPlayPals.com: Copyright Agent of PencilPlayPals.com via email to: simon@whehey.com
Once this information is received, the following action will be taken: The infringing material or site will be blocked. The infringing user will then be immediately notified of the situation.
In the case of first-time offenders, the infringing material will be removed. To the extent possible, repeat offenders will be removed permanently from the system. The user may supply a counternotice which must include the following: A statement that the user has a good faith belief that the removal was a result of a misidentification on our part. A complete listing of the user's contact information. A consent to jurisdiction in Federal Court.
If this counternotice is received by the PencilPlayPals.com Copyright Agent, a copy of the counternotice will be sent to the original complaining party. The user's material and access will be restored in 10 to 14 days unless the PencilPlayPals.com Copyright Agent is informed that a lawsuit has been filed over the infringing material.*Digital Millennium Copyright Act can be viewed at http://lcweb.loc.gov/copyright/legislation/hr2281.pdf — to view this file, simply download the Adobe Acrobat Reader.
