Terms of Service
This agreement is in effect as of Apr 27, 2013.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
Iii. Contains any type of unauthorized or unsolicited advertising;
Iiii. Impersonates any person or entity, including any Pencil Kings employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
i. You agree to indemnify and hold harmless Pencil Kings and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Pencil Kings or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Pencil Kings will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
All content and materials available on Pencil Kings, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Pencil Kings, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Pencil Kings.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
This website is controlled by Pencil Kings from our offices located in the state of Wyoming, United States. It can be accessed by most countries around the world. As each country has laws that may differ from those of Wyoming, by accessing our website, you agree that the statutes and laws of Wyoming, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in Canada, Manitoba You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, Pencil KingsEXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:www.pencilkings.com
Treherne, Manitoba R0G2V0
For Families Visiting Pencil Kings:
Collection of Information
You or your child may be prompted to provide for some or all of the following types of information in order to register, access various content or features, submit photos and other content, directly contact us with questions or feedback, or access other features of our services:
- Contact information, such as name or e-mail address
- User name and password
- Geolocation information
- Other information, such as school, city, state, and zip code
- Communications preferences
- Search queries
- Comments and other information posted through interactive online features
- Correspondence you send to us
Our membership site and community forum may allow you or your child to enter text and information in open fields, such as comment sections, and message boards. If you or your child choose to participate in these public areas of the site, please be aware that any information submitted through these areas is public to all Pencil Kings members. Please use caution in disclosing personal information in these areas. Although we moderate the site and community to keep their content appropriate for the f intended audience, we are not responsible for the information you or your child submits in these open forums and public areas or for other user’s actions with respect to that information.
Use of Information
We generally use the information that we collect about you or your child to:
- Fulfill your or your child’s requests for services and information
- Enable you or your child to participate in interactive features, such as comment boxes and forums
- Display content and information that you may be interested in
- Customize the content displayed when you or your child use the site
- Analyze use of the site to understand and improve our service offerings, such as determining which pages are most popular, which browsers are most used, how long users spend on the site, and which websites they come from
- Otherwise support the internal operations of Pencil Kings
- Prevent potentially prohibited or illegal activities and enforce the Terms of Service
- For any other purposes disclosed to you or your child at the time we collect the information or pursuant to your consent
We may aggregate your or your child’s information with information about other users so that it no longer identifies and cannot reasonably be used to identify an individual person.
We use these technologies, for example, to help us recognize your or your child’s browser as a previous user and save and remember any preferences that may have been set; to help us customize the content shown while you or your child use the site; to provide you or your child with content customized to your interests and to understand whether users read email messages and click on links contained within those messages so that we can deliver relevant content and offers; and to help measure and research the effectiveness of our site, interactive online content, features, and other communications.
You may be able to refuse or disable cookies by adjusting your web browser settings. Because each web browser is different, please consult the instructions provided by your web browser (typically in the “help” section). If you choose to refuse, disable, or delete these technologies, some of the functionality of our site may no longer be available to you or your child.
Parental Consent, Access, and Deletion
We endeavor to obtain a parent or legal guardian’s consent before collecting, using, or disclosing personal information from children. Parents or legal guardians may contact us to ask if we have collected their child’s personal account information, to review that information, if any, and request that Pencil Kings stop collecting this information and have it deleted. Such requests are subject to PBS verifying to our satisfaction that the requester is in fact the child’s parent or legal guardian.
Protection of Information
We are committed to protecting your and your child’s information. We have adopted reasonable technical, administrative, and physical procedures to help protect this information from loss, misuse, and alteration. Please note that no data transmission or storage can be guaranteed to be 100% secure. We want you to feel confident using the site but we cannot ensure or warrant the security of any information you or your child transmit to us.
Still Have Questions?
If you have any questions or concerns regarding this policy, please contact us at:
Treherne, Manitoba R0G2V0