Why should I read them?
Acceptance of Terms
Your access to and use of the Penpal Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Penpal Service. By accessing or using the Penpal Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Subject to the TOU, Snail Mail Penpals will:
- Inform you of any changes to the TOU from time to time. See Modification to the TOU.
- Remind you of aspects of ‘Your Obligation to Snail Mail Penpals’ at appropriate times during your use of the Service.
- Treat your personal information in a responsible manner. See Security and Member Privacy.
- Supply the Service using operating procedures designed to ensure the Service’s security and System availability.
- Answer any queries you have regarding the TOU, Service and the operation of your account.
Your Obligation to Snail Mail Penpals
- You will accept liability for some events which may occur. See Indemnification.
- You will read, acquaint yourself fully and comply with all aspects of the TOU. If there are any aspects which you do not fully understand you will seek clarification from Snail Mail Penpals.
- You are aged 13 or over. Or your parent or guardian gives consent to use the service.
- You will at all times use the Service in good faith and in a responsible manner.
- You will not allow anyone other than yourself and Snail Mail Penpals to access your account.
- You will use the Service solely for your own benefit and shall not sell, lease, assign, lend, hire or gift any part of the Service in whole or in part to any other person without Snail Mail Penpals prior written approval.
- You will use the Service only for lawful purposes and in a manner which does not infringe the rights of or restrict or inhibit the use of the Service by any Member and/or Snail Mail Penpals.
- Comply with all terms of Members Conduct and Member Account Registration of the TOU.
Security and Member Privacy
You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are responsible for any and all Member accessible activities that occur under your account. You agree to notify Snail Mail Penpals immediately on becoming aware of any unauthorized use of your password or account or any other breach of security.
You agree that Snail Mail Penpals and its authorised employees can access your account, including its contents as stated above, or to respond to support queries or technical issues or to full fill the obligations under this Agreement.
Snail Mail Penpals understands and respects your rights of privacy. It is because of this philosophy that subject to the exclusions below, your personal details provided to Snail Mail Penpals will not be sold or otherwise distributed to third parties.
Snail Mail Penpals reserves the right at all times to monitor, review, retain, and/or disclose in good faith any information it believes in good faith that such action or disclosure is necessary to conform to legal and government requirements, or to protect and defend the rights or property of Snail Mail Penpals or enforce the TOU.
Snail Mail Penpals reserves the right to collect and distribute non-personal demographic information to third parties. As such this information would not contain any information that would allow your identity to be deduced.
Member Account Registration
To register as a Snail Mail Penpals Member, you agree to:
- Provide us with current, complete and accurate information about yourself (the registration data);
- Maintain and promptly update the registration data to keep it current, complete and accurate at all times;
- To represent only yourself on the Service, and no other persons, living, dead, or imagined.
- If you provide any information that is not current, or is incomplete or inaccurate, or Snail Mail Penpals has reasonable grounds to believe that such information is not current, or is incomplete or inaccurate, Snail Mail Penpals has the right to suspend or terminate your membership, and refuse any and all current or future use of the Service.
Under no circumstances does Snail Mail Penpals have any obligations under the Agreement to check the accuracy or truthfulness of the registration data of any Member.
As a condition of your use of the Service, you guarantee to Snail Mail Penpals that you will not use the Service for any purpose that is unlawful and / or prohibited by these terms, conditions, and notices.
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 the Service. 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, libellous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.
- Create a false or misleading identity of, including, but not limited to, a Snail Mail Penpals employee, 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, e-mail 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.
- Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
- Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right (‘Rights’) of any party or infringes any intellectual property law or any other applicable law.
- 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 the Service.
- Without prejudice to the Security and Member Privacy of the TOU, Snail Mail Penpals has no obligation to monitor the Service or any member’s use thereof.
Links To Other Web Sites
Our Service may contain links to thirdparty web sites or services that are not owned or controlled by Snail Mail Penpals
Snail Mail Penpals has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Snail Mail Penpals shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any thirdparty web sites or services that you visit.
These Terms shall be governed and construed in accordance with the laws of The Netherlands, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Penpal Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Snail Mail Penpals Proprietary Rights
You acknowledge and agree that the Snail Mail Penpals content including but not limited to (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout (6) design presented through and as part of the Service by Snail Mail Penpals is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
Such content received through the Service may be displayed, reformatted, and printed by you for your personal, non-commercial use only and at all times used solely in connection with the Service in accordance with the TOU.
Certain of the names, logos, and other materials displayed on the Snail Mail Penpals web site constitute trademarks, copyright and other intellectual property collectively referred to as ‘IP rights’ of www.snailmailpenpals.net. Ownership of such IP rights remains with Snail Mail Penpals. You are authorised to use such IP rights during the process of promoting and using the Snail Mail Penpals service hosted by the Service.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT:
- Your use of the Service is at your sole risk.
- The Service is provided on an ‘as is’ and ‘as available’ basis and the warranties on the part of Snail Mail Penpals contained in this TOU are given in place of and replace, exclude and extinguish all and every other condition or warranty whatsoever on the part of Snail Mail Penpals, written or oral, whether express or implied by statute, regulation, directive or any other legislative or administrative enactment, common law, trade usage, custom or otherwise to the full extent permitted by law.
- The information and content included in or available through the Service may include inaccuracies or typographical errors.
- Changes are periodically added to the information contained with the Service and Snail Mail Penpals and/or its respective suppliers may make improvements and/or changes in the Service at any time.
- No advice or information, whether oral or written, obtained by you from Snail Mail Penpals or through the Service shall create any warranty not expressly stated in the TOU.
Except as otherwise expressly provided in the TOU, Snail Mail Penpals does NOT represent or warrant that:
- The Service will meet your requirements.
- The Service will be uninterrupted or error-free, timely or secure.
- Defects or errors will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components.
- The use of or the results of the use of the Service or the content made available as part of the Service will be correct, accurate, timely, or otherwise reliable.
- The content of the Service input by other members is correct or accurate.
Limitation of liability
- You agree that Snail Mail Penpals shall not be responsible or liable for:
- Provided that Snail Mail Penpals has fulfilled its security obligations, unauthorised access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the service.
- Any threatening, defamatory, obscene, offensive or illegal content, save that Snail Mail Penpals shall be entitled to remove it in all practicable speed after Snail Mail Penpals has been notified in writing of its presence on the site.
- Conduct of any other member or any infringement of another’s rights, including intellectual property rights.
- Any indirect, punitive, incidental, special, consequential or exemplary damages or any damages whatsoever including, without limitation:
- Damages for loss of use;
- Data goodwill;
- Profits, or other intangible losses;
- Arising out of or in any way connected with:
- Use or performance of the service or related websites;
- Delay or inability to use the service or related websites;
- Provision of or failure to provide services, information or software;
- Services obtained through the service, or otherwise arising out of the use of the service;
- Delay in operation or transmission;
- Computer virus;
- Communication line failure;
- Destruction or unauthorized access;
- Whether based on contract, tort, negligence, strict liability or otherwise – even if Snail Mail Penpals or any of its suppliers has been advised of the possibility of damages.
- If you are dissatisfied with the service or any part of the service your sole and exclusive remedy is to discontinue using the service and its related website.
- At all times and in any event the total liability of Snail Mail Penpals to its members shall be limited to the total annual membership fee paid by the individual member to Snail Mail Penpals.
You agree to indemnify, defend and hold harmless Snail Mail Penpals , its parents, subsidiaries, affiliates, officers and employees from any claim, demand, or damage, including reasonable legal fees, asserted by any third party due to or arising out of your use of or conduct on the Service.
Modification and Termination of the Service
You agree that Snail Mail Penpals, in its sole discretion, may terminate your password, account or use of the Service, and remove and discard any content within the Service, for any reason, including without limitation, if Snail Mail Penpals believes that you have violated or acted inconsistently with the letter or spirit of the TOU.
Snail Mail Penpals may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the Service, or any part there of, with or without notice. You agree that any termination of access to the Service under any provision of the TOU may be effected without notice, and acknowledge and agree that Snail Mail Penpals may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service UNLESS agreed in writing with Snail Mail Penpals. Nevertheless, where possible, Snail Mail Penpals will use reasonable endeavours to give Members fair notice of termination or suspension of their access to the Service.
Further you agree that Snail Mail Penpals shall not be liable to you or any third party for any termination or suspension of access to the Service or modification of the Service.
We may terminate or suspend access to our Penpal Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Modifications to the TOU
Snail Mail Penpals reserves the right to change the TOU or policies regarding the use of the Service at any time. In this event you might be sent an e-mail detailing the changes. Snail Mail Penpals reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Snail Mail Penpals shall not be liable to you or any third party for any modification to or discontinuance of the Service.
By continuing to access or use our Penpal Service after those 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 Service.
Please report any violations of the TOU to Customer Support via the contact page.
These TOU constitute the entire agreement between Snail Mail Penpals and the Member and supersede any previous agreement or understanding between Snail Mail Penpals and the Member.
If you have any questions about these Terms, please contact us.