INFORMATION WE COLLECT
PENNED collects and stores the registration information of our users when they sign up for a PENNED account. This includes your name, address, phone number, email address, and password. Also, Internet Protocol ("IP") Addresses may be collected and stored by PENNED.
PENNED also reserves the right to collect and store all text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and other materials (“Content”) submitted by PENNED users.
PENNED will not share or provide access to your personal information with any other party unless that party is performing services for PENNED. No other party will have any rights to use your information except as is necessary to provide service to the application. Access to your personal information stored on our database is restricted to the administrative staff at PENNED and their designees. Your information will not be sold to any third-party.
LINKS TO OTHER WEBSITES
Terms of Service
ACCEPTANCE OF TERMS
These Terms of Service apply to all users of the PENNED mobile application, including users who are contributors of text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and other materials (“Content”) or Services on the application.
We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, or posting a notice on the Services.
Your use of the Services after any change of modification is made to these Terms signifies your acceptance of the revised Terms.
You are responsible for your use of the Services, as well as any consequences derived from your use of the Services. Moreover, you are responsible for any contribution you make to the Services, including the Content you submit, post, display, or transmit. Any contribution to the Services may be viewed by other viewed by other users of the Services, and by and through third party services and websites. PENNED has no control over, and assumes no responsibility for, the Content, privacy policies, or practices of any third party services and websites.
By using the Services, you expressly relieve PENNED from any and all liability arising from your use of any third party service or website.
You may create PENNED account if you are at least 13 years of age. By creating a PENNED account, you agree to accept all consequences and liabilities derived from your account. You are also responsible for the security of your password. These Terms expressly prohibit the use of another’s account without permission, any unauthorized access to your account should be reported to PENNED immediately. PENNED reserves the right to terminate any account without notice. Upon account termination, user of terminated account licenses of all of user’s Content submitted to PENNED to the administration of PENNED.
You have permission to use the PENNED mobile application, provided that:
(a) You agree not to alter and modify any part of the PENNED mobile application.
(b) You agree not to use the website for commercial use, without the prior written authorization of the administration of the PENNED mobile application. Prohibited commercial uses include, but are not limited to, the sale of access to the PENNED mobile application and advertising.
(c) You agree not to copy any contribution made to the Services, including the Content submitted, posted, displayed, or transmitted by another PENNED account user.
(d) You agree not to contribute, submit, post, display, or transmit any Content that has been afforded copyright, trademark, service mark, and/or trade secret subject to protection by either registration, use, or third party proprietary rights, unless you are the owner of such Content, or have express permission from the owner of such Content.
(e) You agree to strictly adhere to all community guidelines, and all applicable state, federal, and international laws and regulations.
(f) You do not post objectionable or pornographic content. All users who violate this will have their account terminated.
Content on the PENNED mobile application is provided AS IS for your personal use only and may not be downloaded, copied, modified, produced, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, translated, published, performed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
You retain all ownership rights in your user Content. However, by submitting user Content to PENNED, you hereby grant us a nonexclusive, worldwide, royalty-free, sublicensable and transferable license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, perform and display such Content in connection with the Services. You understand and agree that PENNED may retain server copies of user Content that have been removed or deleted.
PENNED expressly disclaims any and all liability derived from user Content and submissions.
PENNED does not allow copyright infringing activities and infringement of intellectual property rights. As part of PENNED’s copyright policy, PENNED may terminate user access to the application if a user has been determined to be an infringer. Upon notification, PENNED will remove all Content and user submissions if such Content or user submission infringes on another's intellectual property rights or contravenes any applicable privacy legislation.
To file a copyright infringement notification with us, you will need to send a communication to us with all of the following information in it:
(a) Statement informing us of Content on PENNED you believe infringes upon your copyright.
(b) Tell us which country your copyright applies to.
(c) Tell us the title of the Content concerned and the full URL for its page.
(d) Explain to us in what way that content infringes your copyright (e.g. the text is copied; the entire story is a copy of an original work made by you, etc.).
(e) Identify the type (e.g. a book, a short story, a poem, etc.) and details of (e.g. title, publisher, dates, etc.) the copyrighted work which you own the rights in, and which you believe has been infringed.
(f) Your contact information so that we can get in touch with you.
(g) Your signature on the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted.
(h) Send the notice, in English, to the following address:
If you submit a User Submission to the PENNED Service, you authorize PENNED to act as your agent to issue take down notices under the Digital Millennium Copyright Act (the “DMCA”) and/or any other similar legislation that allows for the submission of requests to Internet service providers for the removal of infringing or allegedly infringing copyright materials that are contained in or displayed on such service providers platforms and/or services. In general, you will be responsible for monitoring and enforcing your rights in your User Submissions, however, in certain cases if PENNED becomes aware of infringement of User Submissions and/or Content from the PENNED Service, then PENNED may in its sole discretion elect to issue take down notices under the DMCA or similar legislation to attempt to curtail such infringement.
By agreeing to these Terms you agree to indemnify, defend and hold harmless PENNED, our managing members, shareholders, employees, affiliates, licensors and suppliers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) your use of the Services; (b) any User Content you post, upload, use, distribute, store or otherwise transmit through the Services; (c) your violation of these Terms; or (d) your violation of the rights of another.
LIMITATION OF LIABILITY:
Except where prohibited by law, in no event will PENNED be liable for any indirect, special, punitive, incidental, exemplary or consequential damages that result from (a) the use of, or inability to use, the Services; (b) the provision of the Services or any materials available therein; or (c) the conduct of other users of the Services, even if PENNED has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against PENNED for dissatisfaction with the Services or any content is to stop using the Services. If, notwithstanding these Terms, PENNED is found liable to you for any damage or loss which arises out of or is in any way connected with your use of the Services or any content, PENNED’s liability shall in no event exceed $1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH PENNED AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You and PENNED agree to arbitrate any dispute arising from these Terms or your use of the Services, except that you and PENNED are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and PENNNED agree (a) that any arbitration will occur in Los Angeles County, California; (b) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (c) that the state or federal courts of Los Angeles County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit, if any, between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND PENNED WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.
A lawsuit, if any, by you or PENNED against the other will occur in state or federal court in Los Angeles County, California. You and PENNED agree that the jurisdiction and venue of these courts is exclusive.