1. The user terms and conditions of Pencourage.com
a.You may only use this website and all services provided through pencourage.com if you accept that agreeing to our terms forms a binding contract with us. At all times you must adhere to our terms and all applicable laws in the country you access pencourage.com in. When you create your pencourage.com account you must use accurate information and complete the mandatory fields as marked. Any use by anyone under the age of 16 is prohibited and we reserve the right to delete your account immediately. We also reserve the right to delete accounts that contain false information. Some of our products through pencourage.com may be software that is downloaded to your phone, computer or tablet or other device used to access pencourage.com. You agree that we can automatically download or upgrade software or products and that these terms will apply to those upgrades or downloads or products. Any software, product or service from pencourge.com is upgraded or downloaded at your own risk and we cannot be held liable for any damage to your computer, mobile device, tablet or any other device you use to access pencourage.com.
b. We grant you a limited, non exclusive, non transferable and revocable license to use our products and services subject to all of our terms and conditions and your agreement of them.
a. Entering content.
Any content you post on pencourage.com must belong to you. Please do not post anything you do not have written permission for. Any liability created by content posted by you that breaches copyright law is your sole responsibility. Anything you post on pencourage.com is described as ‘user content’. You retain all rights to your own fully owned content and you are solely responsible for it. Pencourage.com can show your content to other users and can also allow other users to share, post, upload and pin or reuse it without licenses. You are responsible for all of your content and the liabilities that may arise from this. Pencourage.com can not be held liable for inflammatory remarks or libelous statements. We reserve the right to hand over any of your content to law enforcement bodies or agencies if crimes are committed, laws are broken or we think crimes they are going to be committed.
b. How your content can be used.
You grant pencourage and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, pin, modify, create derivative works, perform, and distribute your User Content on pencourage solely for the purposes of operating, developing, providing, and using the pencourage Products. Nothing in these Terms will restrict any other legal rights pencourage may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
c. How long we keep your content:
When any account is terminated or deactivated by the user or pencourage.com, we will retain your content and data for a commercially reasonable amount of time. We may also use that content for commercial purposes such as marketing which you permit us to do as part of our terms on conditions for having a pencourage.com user account. Furthermore, pencourage.com and its users may also retain and continue to use all your content for its own commercial purposes. Copies of your content may still remain on pencourage.com even after you have deleted your account if other users have used it or follow you. We may also keep a copy of all your date and user content on backup servers.
d. Your responsibility for your content:
i. Pencourage.co is intended to be a very creative and highly positive experience and certain etiquette must be followed. We will not tolerate bad behaviour that we judge to be unacceptable. You may not at anytime use any pencourage.com imagery for your own purposes. It cannot be copied or sold any you cannot post any user content that breaks any laws or infringes the rights of any third party. Be nice out there, okay?
If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Pencourage does not waive any rights to use similar or related Feedback previously known to Pencourage, or developed by its employees, or obtained from sources other than you.
3. Copyright Policy
We respect copyrights, you should to. Do not use or post any user content that infringes copyright or post any user content that you do not won outright or have written permission to use.
Pencourage.com cannot guarantee that unauthorised third parties will not be able to defraud our security procedures and safeguards we put in place. We will not share your real user details with any other user but we cannot be held liable for fraud. Please notify us immediately if you notice anything unusual.
5. Third-party Links, Sites and Services
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Pencourage.com. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Pencourage.com, you do so at your own risk and you agree that Pencourage.com will have no liability arising from your use of or access to any third-party website, service, or content.
Pencourage may terminate or suspend this license at any time, with our without cause or notice to you. Upon termination, you continue to be bound by our terms and conditions. We always reserve the right to refuse service to you.
You cannot use our products or services for commercial purposes
If you use pencourage.com products or services for commercial purposes you agree to indemnify pencourage.com, its officers, directors, employees and agents from and against any claims, law suits, proceedings or any other action against us. You also agree to pay any costs associated with any action against pencourage.com that you create or cause.
You accept that pencourage.com is not liable for any error caused by their products or services. If you see anything objectionable on our site by any other user, please let us know straight away. You also agree and understand that you may be exposed to user generated content you do not agree with, find offensive, is inaccurate or inappropriate for children or otherwise unsuited to your purpose.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PENCOURAGE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (D) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL PENCOURAGE'S AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
10. Governing Law and Jurisdiction
These Terms shall be governed by the laws of the United Kingdom. Our Products are controlled and operated from the United Kingdom, and we make no representations that they are appropriate or available for use in other locations.
11. General Terms
Pencourage reserves the right to change their terms on conditions at any time. We also reserve the right to contact you electronically with any changes in terms and conditions. By continuing to access or use our Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products, services and website.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Pencourage.com without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Pencourage.com’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Pencourage.com is fully owned and operate by Soops Limited