Introduction
Welcome to Penbuddy, a social networking site where members can stay in touch with their friends, meet new people and hang out. Penbuddy.co.uk is operated by Alan Stamp. By using Penbuddy you accept and agree to be bound by the following terms and conditions (the 'Terms of Service'). Where applicable under law, these Terms constitute a 'writing signed by you.'
Changes to Penbuddy.co.uk and our Terms of Service
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the Terms of Service’s effective date. Your continued use of the Web site after any such changes constitutes your acceptance of the new Terms of Service. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes.
Eligibility and Registration
You must be 13 years or older to use Penbuddy.co.uk. By registering for Penbuddy membership, you represent and warrant that you are 13 or older and that you have the capacity to understand, agree to and comply with these Terms of Service. You should provide true, accurate and complete registration information to be a Penbuddy.co.uk member. As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
Member Conduct and Appropriate Content
Penbuddy.co.uk is made available for your personal, non-commercial use only. You may not use the website for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United Kingdom or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content that you submit, post, and display on Penbuddy.co.uk.
We may, but shall have no obligation to, remove content that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does Penbuddy have any obligation to check the accuracy or truthfulness of the content, nor to monitor any Member's use penbuddy.co.uk.
CONDITIONS OF USE
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through Penbuddy.co.uk. By way of example, and not as a limitation, you agree NOT to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others. - Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information. - Use other Members' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other Members - Submit Materials that are unlawful or promote or encourage illegal activity or that would violate the property rights of others. - Submit content of any third party without such third party's prior written consent, or content that falsely express' or implies that such contents are sponsored or endorsed by Penbuddy.co.uk - Create a false or misleading identity of someone, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others. - Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. - Use the Penbuddy.co.uk Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website. - Attempt to gain unauthorized access to the Penbuddy Service, other accounts, computer systems or networks connected to Penbuddy, through password mining or any other means. - Modify, adapt, translate, or reverse engineer any portion of Penbuddy, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or Penbuddy.co.uk. - Reformat or frame any portion of the web pages that are part of Penbuddy. - Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law. - Remove any copyright, trademark or other proprietary rights notices contained in or on penbuddy.co.uk. - Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation. - Interfere with another Member's use and enjoyment of Penbuddy.co.uk. - Harvest or collect email addresses or other contact information of Members, including usernames, from the Penbuddy website by electronic or other means.
Proprietary Rights
Penbuddy does not claim any ownership rights in any content that you submit, post, or display on or through the Penbuddy Services or on the Penbuddy.co.uk Web site. After submitting, posting or displaying content on or through Penbuddy or on the Penbuddy.co.uk Web site, you continue to retain all ownership rights in such content, and you continue to have the right to use your content in any way you choose. By submitting, posting or displaying any content on or through Penbuddy, you hereby grant to Penbuddy a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such content solely on and through the Penbuddy Service.
Without this license, Penbuddy would be unable to provide its service. The license you grant to Penbuddy is non-exclusive (meaning you are free to license your content to anyone else in addition to Penbuddy), fully-paid and royalty-free (meaning that Penbuddy is not required to pay you for the use on Penbuddy.co.uk of the content that you post), sub licensable (so that Penbuddy is able to use its affiliates and subcontractors such as Internet content delivery networks to provide its service), and worldwide (because the Internet and Penbuddy are global in reach). This license will terminate at the time you remove your content from Penbuddy, except that you agree that the license will continue solely with respect to other Members' continued use of your content that are not music or videos (i.e. photos or skins); provided, however if you remove any of the content from Penbuddy, Penbuddy reserves the right to remove all of your content from other Member's pages. The license does not grant Penbuddy the right to sell your content, nor does the license grant Penbuddy the right to distribute your content outside of Penbuddy.co.uk. You represent and warrant that: (i) you own the content posted by you on or through Penbuddy or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your content on or through Penbuddy does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any content posted by you to or through Penbuddy.co.uk.
Alan Stamp owns and retains all rights in the Penbuddy.co.uk Web site and its service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) photographs, (3) graphics, (4) page layout, and (5) design presented through and as part of Penbuddy. Except as expressly authorized by Penbuddy.co.uk, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of Penbuddy.co.uk's proprietary information.
Privacy Policy
We take your privacy very seriously and collection and use of personal information is governed by our Privacy Policy. Click the privacy link in the footer of any penbuddy page to review our privacy policy.
Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.
Termination of Service
At any time your account can be deleted if it is found to go against our Terms of Service. You are also allowed to delete your account at any time. For instructions on how to do this please see our help section.
If Penbuddy decides that it is no longer possible to run its service then it is in our sole discretion to close the site. This can be done without notice although we will try to contact you prior to the closing. At a time such as this, Penbuddy is not responsible for the loss of any information and or any content stored on your account.
Disclaimer of Warranties
Penbuddy and its affiliates, licensors, partners, members, suppliers, consultants and agents disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or content displayed on Penbuddy.co.uk
Penbuddy further expressly disclaims (1) that Penbuddy will meet your requirements and will be uninterrupted, error-free, timely, or secure, (2) that defects or errors will be corrected, (3) that Penbuddy or the server that makes it available are free of viruses or other harmful components, and (4) that the use of or the results of the use of Penbuddy or the content made available as part of Penbuddy will be correct, accurate, timely, or otherwise reliable.
Penbuddy expressly disclaims any and all responsibility and liability for the conduct of any other Member, and expressly disclaims that the content of Penbuddy input by other Members is correct or accurate.
PENBUDDY, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH PENBUDDY), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED 'AS IS,' 'WITH ALL FAULTS', 'AS AVAILABLE', WITH NO WARRANTIES WHATSOEVER. PENBUDDY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.
YOU AGREE THAT YOUR USE OF PENBUDDY IS ENTIRELY AT YOUR OWN RISK.
Hold Harmless and Indemnity
You agree to hold harmless and indemnify, and at penbuddy's request defend, Penbuddy, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on the Penbuddy.co.uk Service, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, Penbuddy will try to provide you with written notice of such claim, suit or action.
Limitation of Liability
YOUR USE OF PENBUDDY IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL PENBUDDY, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS AND AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE PENBUDDY SERVICE, WHETHER OR NOT PENBUDDY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PENBUDDY SERVICE, FROM INABILITY TO USE THE PENBUDDY SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PENBUDDY SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH PENBUDDY OR ANY PART OF THE PENBUDDY SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING PENBUDDY.CO.UK AND ITS RELATED WEBSITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL PENBUDDY BE LIABLE TO YOU FOR ANY AMOUNT OF MONEY.
Notices
Penbuddy may provide you with notices regarding the Penbuddy.co.uk Service or these Terms of Service by regular mail, email, or postings to this Web site.
Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Penbuddy Services.