Terms of Service


These Terms of Service (“Terms”) are a contract between you and Pencircle. They govern your use of Pencircle’s sites, services, mobile apps, and products (“Services”), and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (“Content”).

By using Pencircle, you agree to these Terms. If you don’t agree to any of the Terms, you can’t use Pencircle.

We can change these Terms at any time. If a change is material, we’ll let you know before they take effect. By using Pencircle on or after that effective date, you agree to the new Terms. If you don’t agree to them, you should delete your account before they take effect, otherwise your use of the site and content will be subject to the new Terms.

Content rights & responsibilities

You own the rights to the content you create and post on Pencircle.

By posting content to Pencircle, you give us a nonexclusive license to publish it on Pencircle Services, including anything reasonably related to publishing it (like storing, displaying, reformatting, and distributing it). In consideration for Pencircle granting you access to and use of the Services, you agree that Pencircle may enable advertising on the Services, including in connection with the display of your content or other information. We may also use your content to promote Pencircle, including its products and content. We will never sell your content to third parties without your explicit permission.

You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.

Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.

You’re welcome to post content on Pencircle that you’ve published elsewhere, as long as you have the rights you need to do so. By posting content to Pencircle, you represent that doing so doesn’t conflict with any other agreement you’ve made.

By posting content you didn’t create to Pencircle, you are representing that you have the right to do so. For example, you are posting a work that’s in the public domain, used under license (including a free license, such as Creative Commons), or a fair use.

If you believe that your Content has been copied in a way that constitutes copyright infringement, please report this at hello@pencircle.com.

We can remove any content you post for any reason.

You can delete any of your posts, or your account, anytime. Processing the deletion may take a little time, but we’ll do it as quickly as possible. We may keep backup copies of your deleted post or account on our servers for up to 14 days after you delete it.

Our content and services

We reserve all rights in Pencircle’s look and feel. Some parts of Pencircle are licensed under third-party open source licenses. As for other parts of Pencircle, you may not copy or adapt any portion of our code or visual design elements (including logos) without express written permission from Pencircle unless otherwise permitted by law.

You may not do, or try to do, the following: (1) access or tamper with non-public areas of the Services, our computer systems, or the systems of our technical providers; (2) access or search the Services by any means other than the currently available, published interfaces (e.g., APIs) that we provide; (3) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source-identifying information; or (4) interfere with, or disrupt, the access of any user, host, or network, including sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content or accounts in such a manner as to interfere with or create an undue burden on the Services.

We may change, terminate, or restrict access to any aspect of the service, at any time, without notice.

No children

Pencircle is only for people 13 years old and over. By using Pencircle, you affirm that you are over 13. If we learn someone under 13 is using Pencircle, we’ll terminate their account.

Incorporated rules and policies

By using the Services, you agree to let Pencircle collect and use information as detailed in our Privacy Policy. To enable a functioning community, we have Community Rules.

By using Pencircle, you agree to follow these Rules and Policies. If you don’t, we may remove content, or suspend or delete your account.

Miscellaneous

Disclaimer of warranty. Pencircle provides the Services to you as is. You use them at your own risk and discretion. That means they don’t come with any warranty. None expressed, none implied. No implied warranty of merchantability, fitness for a particular purpose, availability, security, title or non-infringement.

Limitation of Liability. Pencircle won’t be liable to you for any damages that arise from your using the Services. This includes if the Services are hacked or unavailable. This includes all types of damages (indirect, incidental, consequential, special or exemplary). And it includes all kinds of legal claims, such as breach of contract, breach of warranty, tort, or any other loss.

No waiver. If Pencircle doesn’t exercise a particular right under these Terms, that doesn’t waive it.

Severability. If any provision of these terms is found invalid by a court of competent jurisdiction, you agree that the court should try to give effect to the parties’ intentions as reflected in the provision and that other provisions of the Terms will remain in full effect.

Entire agreement. These Terms (including any document incorporated by reference into them) are the whole agreement between Pencircle and you concerning the Services.

Questions? Contact us at hello@pencircle.com.