PenPal Schools Terms of Service & Acceptable Use Policy
Updated on October 2019
If you are not of legal age to form a binding contract (18 years or older), then you must obtain consent from a parent or legal guardian to read these terms and agree to them on your behalf, before you create a PenPal Schools account, use any functions of the PenPal Schools platform, or provide us with any information. Remember, persons under the age of 18 should always get the permission of an adult or legal guardian before using the internet or online programs.
Welcome to the PenPal Schools (“the Site,” “we,” “us,” “our”). Please read this statement carefully before using the PenPal Schools website ("the Site," the “Mobile Site”) and the PenPal Schools mobile application(s) available via the Apple App Store and the Android Marketplace (collectively, the “Mobile Application”). These Terms apply to all sites and mobile applications operated by PenPal Schools. When you visit any Site owned or managed by PenPal Schools, register as a teacher, school administrator, parent, or student, or otherwise use the products or services offered by PenPal Schools, you become a “User” for purposes of this Agreement and you agree to be legally bound to and to abide by the Terms and our Privacy Policy, as amended.
Your use of PenPal Schools constitutes your agreement to abide by these Terms. Please regularly consult these Terms in order to be aware of updated practices. If you do not wish to agree to these Terms, please do not access the PenPal Schools site.
Terms of Service
User Consent to the Terms
By proceeding to use this Site or Mobile Application, you are consenting to the Terms as if you had physically signed an agreement containing the Terms. If you do not accept the Terms, please do not use the Site or Mobile Application. Your failure to adhere to the Terms may result in the suspension or termination of your access to PenPal Schools, without notice. PenPal Schools may terminate your access to the Site or Mobile Application at any time and for any reason.
If you are accessing or using PenPal Schools as a representative of any company or organization, the Terms apply to and bind you individually as well as the company or organization. References to “you” or “your” apply to you individually and to the company or organization and references to “we” or “us” apply to PenPal Schools.
Modification of the Terms
PenPal Schools reserves the right to modify the Terms at any time and without notice to users. We also reserve the right to change or discontinue any aspect or feature of the Site at any time. Any modifications are effective and become a part of the Terms when they are posted. We encourage you to visit this page to review the current Terms prior to each new use of the Site or Mobile Application.
Registration by Teachers, School Administrators, Parents, or Students
By registering for PenPal Schools, you certify that you are a teacher, administrator, or student at an educational institution, or that you are a parent whose student is part of an education institution. By registering for PenPal Schools, you certify that you are using PenPal Schools for its intended educational purposes. If you are a student, by using the PenPal Schools Site you certify that you are using PenPal Schools with the permission of your parent, legal guardian, or a teacher or school administrator with the ability to provide consent on your behalf.
While PenPal Schools has security procedures in place, teachers, administrators, parents, and students use PenPal Schools at their own risk, and as with any other online activity, must be vigilant on a regular basis. “Vigilance” includes but is not limited to the weekly monitoring of student correspondence.
Proprietary Rights
PenPal Schools Site & Mobile Application Content
By accessing or using the Site or Mobile Application, you acknowledge that all of the materials, information, publications on PenPal Schools (including, without limitation, text, software, code, graphs, photographs, videos, stills, graphics, music, sound, and site code, such as source code, scripts, object code, and software) are protected by copyrights, trademarks, or other proprietary rights. The compilation of Content, design, organization, graphics, advertising, and the “look and feel” of the Site are also protected.
All Content is the property of PenPal Schools or its licensors. No reproduction, modification, transmission, publication, sale, transfer, upload, download, copy or derivative work creation, distribution, performance, display, or any other use of the property in any media now known or hereafter developed is permitted without prior written permission by PenPal Schools. Such use may be a violation of the intellectual property rights of PenPal Schools or its licensors.
The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on the Site, including, but not limited to, “PenPal Schools”, are registered and unregistered Trademarks of PenPal Schools and others. You may not use the Trademarks without the express written permission of PenPal Schools. Any and all goodwill generated by the trademarks will inure to the benefit of PenPal Schools.
You may not use any of PenPal Schools’ proprietary logos, marks, or other distinctive graphics, video, or audio material in your links. You may not link in any manner reasonably likely to (i) imply affiliation with or endorsement or sponsorship by PenPal Schools; (ii) cause confusion, mistake, or deception; (iii) dilute PenPal Schools’ trademarks, service marks, or trade names; or (iv) otherwise violate applicable law.
Modification of the Content or use of the Content in any manner that directly or indirectly suggests an association with PenPal Schools is strictly prohibited.
Notice of Copyright Infringement
PenPal Schools respects the rights of all owners of copyrights, trademarks, and other intellectual property rights. To that end, PenPal Schools has implemented a policy to suspend or terminate the access of and take action against users, subscribers, and account holders who violate such rights.
If you believe that your work has been copied in a manner that constitutes a copyright infringement, or that the Site contains links or other references to another online location that contains content that infringes on your rights, please notify us by contacting our designated agent for notification of claimed infringement:
PenPal Schools
Attn: Terms of Service
209 Academy Drive, Suite #4
Austin, TX 78704
United States of America
support@penpalschools.com
Please include the following information, as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512:
NOTE: Only copyright complaints should be sent to the agent. The agent will not accept or respond to any other communications.
Permission Policies
Many schools require express consent from parents or guardians before students may submit work in a public forum. Teachers should investigate policies related to student submission of work in a forum such as PenPal Schools before allowing students to register. By allowing students to participate in PenPal Schools projects, teachers certify that they are adhering to any governing policies.
Restrictions on Use
Everything you see or read on the Site or Mobile Application is the property of PenPal Schools or duly licensed to PenPal Schools by a third party. This property and material are protected by copyright and trademark laws, and may not be used without written consent of PenPal Schools, except as provided in these Terms.
PenPal Schools maintains copyright protection in, or has obtained a license to use, all Content on this Site. You may not copy, distribute, republish, cache, link, modify, transmit, or in any way use the Content of the Site for public or commercial purposes without PenPal Schools’ written permission.
By accessing PenPal Schools, you acknowledge that copies of the Site’s Content will retain all copyright and other proprietary notices and that you will not modify the Site’s Content in any way.
Images of people or places displayed on the Site are either the property of, or used with permission by, PenPal Schools. The use of these images by you, or anyone else authorized by you, is strictly prohibited unless specifically permitted by these Terms or by specific written permission provided by PenPal Schools.
Any software that is available for download from this Site is the copyrighted property of PenPal Schools and/or its supplies. Any use or reproduction of any such software and warranties as to such software are governed by the terms of the license agreement applicable to that software. Any use of any other product or service and warranties as to such product or service purchased by you using, or in connection with, this Site is governed by the terms of the agreement applicable to that product or service.
Prohibited Conduct
Users of the Site and Mobile Application may be subject to international, federal, state and local laws, including but not limited to laws regulating the privacy and security of personal information. As a user, you are solely responsible for complying with all applicable laws.
It is a condition of your use of PenPal Schools that you do not:
Confidential Information
If you register to participate in a PenPal Schools course of study, you may be exposed to private and confidential information, such as Personal Information, thoughts, and writings. You agree that you will not – during the course of your participation in any PenPal Schools session or at any time thereafter – use, disclose or otherwise make available to any Personal Information, except as permitted below.
You may only disclose Personal Information in the following circumstances: 1) when required by a judicial order or decree or governmental law or regulation, but only after you have notified PenPal Schools reasonably in advance of such disclosure; or 2) the information becomes generally available publicly without restriction and without breach of confidentiality obligations owed to PenPal Schools.
Any improper collection or misuse of Confidential Information or other information accessible on the Site is a violation of the PenPal Schools’ Privacy Policy and should be reported to support@penpalschools.com.
Submissions
Any submission that you make or send to PenPal Schools will be treated as confidential and and will not be used by PenPal Schools without consent. All personal data submitted to this Site will be used by PenPal Schools in accordance with our Privacy Policy.
Interactions with Third Parties
Your interactions with organizations or individuals found on or through PenPal Schools, including payment and delivery of goods and services and agreement to any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations or individuals. Please make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
Hyperlinks
We may post hyperlinks to third-party websites (“Third Party Sites”). These hyperlinks do not indicate our endorsement or sponsorship of, or our affiliation with, Third Party Sites. PenPal Schools does not have control over, and is not responsible for, the content on Third Party Sites.
Please be mindful that when you click on a link and leave our website you will be subject to the terms of use and privacy policies of the other website that you are going to visit. We advise you to take the time to educate yourself about the privacy policy and terms of use of any website that you visit. You assume complete responsibility in your use of any external site. You should direct any concerns regarding any external link to its site administrator or webmaster.
Other sites may link to this Site only through a plain-text link. We reserve the right to require termination of any link to this Site at any time.
Disclaimers of Warranties and Limitations of Liability
PENPAL NEWS AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, EMPLOYEES, AGENTS, AND INDEPENDENT CONTRACTORS (COLLECTIVELY “PENPAL NEWS PARTIES”) MAKE NO REPRESENTATIONS, EITHER EXPRESSLY OR BY IMPLICATION, REGARDING THE INFORMATION, PRODUCTS, SERVICES, AND MATERIAL PROVIDED ON THIS SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES THAT ARE AVAILABLE, ADVERTISED, OR SOLD THROUGH THIS SITE. THIS SITE AND ALL INFORMATION, PRODUCTS, SERVICES, AND LINKS TO OTHER WEBSITES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF RELIABILITY, ACCURACY, TITLE OR INFRINGEMENT, OR ANY OTHER TYPE OF WARRANTY, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM. IN NO EVENT SHALL THE PENPAL NEWS PARTIES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR CONNECTED IN ANY WAY WITH THE USE OF, OR INABILITY TO USE, ANY MATERIAL ON THIS WEB SITE, EVEN IF THE PENPAL NEWS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT SUCH DAMAGE OR LOSS WAS CAUSED BY PENPAL NEWS PARTIES' NEGLIGENCE.
THE PENPAL NEWS PARTIES MAKE NO WARRANTIES AS TO UNINTERRUPTED SERVICE OR ERROR-FREE SERVICE. THE PENPAL NEWS PARTIES DO NOT WARRANT THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES WILL BE FREE FROM SECURITY BREACHES, OR THAT NO VIRUSES OR HARMFUL COMPONENTS WILL BE TRANSMITTED ON THE SITE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, DATE DATA PROCESSING FAILURES, COMPUTER VIRUS, MECHANICAL FAILURES, COMMUNICATION LINE FAILURE, WEATHER, WALKOUT, FIRE, ACT OF GOD, RIOT, ARMED CONFLICT, ACT OF WAR, THEFT, OR DESTRUCTION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU USE THIS SITE AT YOUR OWN RISK. WE ASSUME NO RESPONSIBILITY AND ARE NOT LIABLE FOR ANY DAMAGE TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. PENPAL NEWS MAKES NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE SITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. HOWEVER, IN ALL EVENTS, PENPAL NEWS’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE PENPAL NEWS PARTIES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY, OR USEFULNESS OF ANY PORTION OF THE SITE.
THE PENPAL NEWS PARTIES MAKE NO REPRESENTATIONS OR PROMISES TO DEVELOP, PROVIDE, OR MARKET ANY SOFTWARE, SERVICE, OR PRODUCT DISCUSSED ON THIS SITE, AND YOU SHALL NOT RELY ON THE INFORMATION PROVIDED OR THE PROSPECT OF AVAILABILITY OF ANY SOFTWARE, SERVICE, OR PRODUCT CURRENTLY IN DEVELOPMENT OR CURRENTLY ANTICIPATED TO BE MADE AVAILABLE IN THE FUTURE.
IN NO EVENT WILL ANY MEMBER OF THE PENPAL NEWS PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, NEGLIGENCE, LOST REVENUE, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF, THIS SITE OR ANY SITE LINKED TO THE SITE. WITHOUT LIMITING THE FOREGOING, NO MEMBER OF THE PENPAL NEWS PARTIES IS LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF THIS SITE OR ANY SITE INFORMATION, INCLUDING WITHOUT LIMITATION THE SITE CODE OR ANY OTHER INTERACTION WITH THE SITE, WHETHER ARISING UNDER CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LAW OR CAUSE OF ACTION.
Indemnification
By accessing the Site and Mobile Application, you hereby agree to indemnify and hold harmless PenPal Schools and its affiliates and their respective directors, officers, employees, agents, and third party service providers, and to defend and hold each of them harmless from any and all claims and liabilities (including attorney fees) which may arise from your submissions, from your unauthorized use of material obtained through the Site, from your breach of these Terms, or from your use of and access to the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification, in which event you will cooperate with us in asserting any available defenses.
Export and Trade Controls
You agree not to import, export, re-export, or transfer, directly or indirectly, any part of this Site or any Content provided on this Site, except in full compliance with all United States, foreign, and other applicable laws and regulations.
Termination
PenPal Schools may terminate the Terms or terminate access to the Site and Site services at any time, for any reason, with or without notice to you. By accessing the Site, you agree that PenPal Schools is not liable to you or any third party for the termination of this Agreement or access to the Site.
Privacy Policy
PenPal Schools is committed to protecting your privacy and security. Please read our Privacy Policy to learn more about the steps we have taken to do so.
Legal Disclaimer
The Content of this Site contains information for the convenience of Site users. While we endeavor to maintain the Content of the Site in an accurate and up to date fashion, we make no guarantee or warranty as to the accuracy of the Content. All content is subject to change.
The Content is not offered, nor should be construed as, advice, including but not limited to investment or legal advice, or as a substitute for consultation with legal counsel or investment professionals.
Miscellaneous
These Terms will be governed by and construed in accordance with the laws of the State of New York, without regard to the any principles of conflicts of law rules. By accessing this Site, you agree that any litigation that arises out of, or is related to, these Terms will be filed only in the state or federal courts located in New York, and you hereby consent and submit to the personal jurisdiction of such court for the purposes of litigation.
If any provision of these Terms are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining Terms, and will not affect the validity and enforceability of the remaining provisions.
Acceptable Use Policy
PenPal Schools is an online community where students from around the world connect to learn together. Before using PenPal Schools, teacher and student users MUST read and agree to the PenPal Schools Privacy Policy and Terms of Use.
When using the PenPal Schools platform, NEVER give out personal details such as first and last name, phone number, physical address, e-mail address, social media username, or any other types of identifying information. Because people may lie about their identity, be careful when interacting with strangers. DO NOT engage in any conversation that makes you uncomfortable.
All content and communications submitted on PenPal Schools may be monitored for the purpose of maintaining a safe and respectful community.
Acceptable use of PenPal Schools
Accounts and User Profiles
Questions, Comments, and Messages
Consequences and enforcement
Members of the PenPal Schools community should immediately report all inappropriate content, behavior and underage users by using the “Report” button located next to each message in the student experience, contacting the company via the in-application messenger, or by writing support@penpalschools.com with a detailed description of the content in question.
Violations of the PenPal Schools Acceptable Use Policy will result in consequences consistent with their severity. Any violation of this policy will result in the notification of a student’s teacher. Repeated violations will result in suspension from the PenPal Schools platform. If users of the PenPal Schools community break the law or engage in illegal activities, law enforcement agencies will be contacted and the incident turned over to authorities.
Updated on October 2019
If you are not of legal age to form a binding contract (18 years or older), then you must obtain consent from a parent or legal guardian to read these terms and agree to them on your behalf, before you create a PenPal Schools account, use any functions of the PenPal Schools platform, or provide us with any information. Remember, persons under the age of 18 should always get the permission of an adult or legal guardian before using the internet or online programs.
Welcome to the PenPal Schools (“the Site,” “we,” “us,” “our”). Please read this statement carefully before using the PenPal Schools website ("the Site," the “Mobile Site”) and the PenPal Schools mobile application(s) available via the Apple App Store and the Android Marketplace (collectively, the “Mobile Application”). These Terms apply to all sites and mobile applications operated by PenPal Schools. When you visit any Site owned or managed by PenPal Schools, register as a teacher, school administrator, parent, or student, or otherwise use the products or services offered by PenPal Schools, you become a “User” for purposes of this Agreement and you agree to be legally bound to and to abide by the Terms and our Privacy Policy, as amended.
Your use of PenPal Schools constitutes your agreement to abide by these Terms. Please regularly consult these Terms in order to be aware of updated practices. If you do not wish to agree to these Terms, please do not access the PenPal Schools site.
Terms of Service
User Consent to the Terms
By proceeding to use this Site or Mobile Application, you are consenting to the Terms as if you had physically signed an agreement containing the Terms. If you do not accept the Terms, please do not use the Site or Mobile Application. Your failure to adhere to the Terms may result in the suspension or termination of your access to PenPal Schools, without notice. PenPal Schools may terminate your access to the Site or Mobile Application at any time and for any reason.
If you are accessing or using PenPal Schools as a representative of any company or organization, the Terms apply to and bind you individually as well as the company or organization. References to “you” or “your” apply to you individually and to the company or organization and references to “we” or “us” apply to PenPal Schools.
Modification of the Terms
PenPal Schools reserves the right to modify the Terms at any time and without notice to users. We also reserve the right to change or discontinue any aspect or feature of the Site at any time. Any modifications are effective and become a part of the Terms when they are posted. We encourage you to visit this page to review the current Terms prior to each new use of the Site or Mobile Application.
Registration by Teachers, School Administrators, Parents, or Students
By registering for PenPal Schools, you certify that you are a teacher, administrator, or student at an educational institution, or that you are a parent whose student is part of an education institution. By registering for PenPal Schools, you certify that you are using PenPal Schools for its intended educational purposes. If you are a student, by using the PenPal Schools Site you certify that you are using PenPal Schools with the permission of your parent, legal guardian, or a teacher or school administrator with the ability to provide consent on your behalf.
While PenPal Schools has security procedures in place, teachers, administrators, parents, and students use PenPal Schools at their own risk, and as with any other online activity, must be vigilant on a regular basis. “Vigilance” includes but is not limited to the weekly monitoring of student correspondence.
Proprietary Rights
PenPal Schools Site & Mobile Application Content
By accessing or using the Site or Mobile Application, you acknowledge that all of the materials, information, publications on PenPal Schools (including, without limitation, text, software, code, graphs, photographs, videos, stills, graphics, music, sound, and site code, such as source code, scripts, object code, and software) are protected by copyrights, trademarks, or other proprietary rights. The compilation of Content, design, organization, graphics, advertising, and the “look and feel” of the Site are also protected.
All Content is the property of PenPal Schools or its licensors. No reproduction, modification, transmission, publication, sale, transfer, upload, download, copy or derivative work creation, distribution, performance, display, or any other use of the property in any media now known or hereafter developed is permitted without prior written permission by PenPal Schools. Such use may be a violation of the intellectual property rights of PenPal Schools or its licensors.
The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on the Site, including, but not limited to, “PenPal Schools”, are registered and unregistered Trademarks of PenPal Schools and others. You may not use the Trademarks without the express written permission of PenPal Schools. Any and all goodwill generated by the trademarks will inure to the benefit of PenPal Schools.
You may not use any of PenPal Schools’ proprietary logos, marks, or other distinctive graphics, video, or audio material in your links. You may not link in any manner reasonably likely to (i) imply affiliation with or endorsement or sponsorship by PenPal Schools; (ii) cause confusion, mistake, or deception; (iii) dilute PenPal Schools’ trademarks, service marks, or trade names; or (iv) otherwise violate applicable law.
Modification of the Content or use of the Content in any manner that directly or indirectly suggests an association with PenPal Schools is strictly prohibited.
Notice of Copyright Infringement
PenPal Schools respects the rights of all owners of copyrights, trademarks, and other intellectual property rights. To that end, PenPal Schools has implemented a policy to suspend or terminate the access of and take action against users, subscribers, and account holders who violate such rights.
If you believe that your work has been copied in a manner that constitutes a copyright infringement, or that the Site contains links or other references to another online location that contains content that infringes on your rights, please notify us by contacting our designated agent for notification of claimed infringement:
PenPal Schools
Attn: Terms of Service
209 Academy Drive, Suite #4
Austin, TX 78704
United States of America
support@penpalschools.com
Please include the following information, as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512:
- A physical or electronic signature of a person authorized on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit use to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party can be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright that is allegedly infringed.
NOTE: Only copyright complaints should be sent to the agent. The agent will not accept or respond to any other communications.
Permission Policies
Many schools require express consent from parents or guardians before students may submit work in a public forum. Teachers should investigate policies related to student submission of work in a forum such as PenPal Schools before allowing students to register. By allowing students to participate in PenPal Schools projects, teachers certify that they are adhering to any governing policies.
Restrictions on Use
Everything you see or read on the Site or Mobile Application is the property of PenPal Schools or duly licensed to PenPal Schools by a third party. This property and material are protected by copyright and trademark laws, and may not be used without written consent of PenPal Schools, except as provided in these Terms.
PenPal Schools maintains copyright protection in, or has obtained a license to use, all Content on this Site. You may not copy, distribute, republish, cache, link, modify, transmit, or in any way use the Content of the Site for public or commercial purposes without PenPal Schools’ written permission.
By accessing PenPal Schools, you acknowledge that copies of the Site’s Content will retain all copyright and other proprietary notices and that you will not modify the Site’s Content in any way.
Images of people or places displayed on the Site are either the property of, or used with permission by, PenPal Schools. The use of these images by you, or anyone else authorized by you, is strictly prohibited unless specifically permitted by these Terms or by specific written permission provided by PenPal Schools.
Any software that is available for download from this Site is the copyrighted property of PenPal Schools and/or its supplies. Any use or reproduction of any such software and warranties as to such software are governed by the terms of the license agreement applicable to that software. Any use of any other product or service and warranties as to such product or service purchased by you using, or in connection with, this Site is governed by the terms of the agreement applicable to that product or service.
Prohibited Conduct
Users of the Site and Mobile Application may be subject to international, federal, state and local laws, including but not limited to laws regulating the privacy and security of personal information. As a user, you are solely responsible for complying with all applicable laws.
It is a condition of your use of PenPal Schools that you do not:
- impersonate or claim the identity or characteristics of any person or entity, falsely claim an -affiliation with any person or third party, or submit false, misleading, or inaccurate information pertaining to your identity;
- post or transmit any fraudulent, unlawful, threatening, abusive, libelous, defamatory, scandalous, inflammatory, obscene, racist, vulgar, pornographic, hateful, profane, criminal, or -offensive material of any kind, including any material that would violate any local, state, national, or international law, or give rise to any civil or criminal liability;
- post or transmit material that victimizes, harasses, degrades, or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- post or transmit any material that violates or infringes the rights of others, including material that is an invasion of privacy or publicity rights or that infringes on any intellectual property or contractual rights;
- violate confidentiality of restricted information or reveal any trade secret information that you have either explicitly or implicitly agreed to keep confidential;
- post or transmit material that encourages criminal conduct or conduct that might create civil liability for PenPal Schools;
- infringe or violate the copyrights, trademarks, patents, trade secrets, or other intellectual property/proprietary rights of PenPal Schools or any third party;
- post or transmit any material containing software viruses or similar disabling devices;
- post or transmit any unsolicited advertising, material that is junk mail, encrypted, or invades a person’s privacy, or encourages any conduct that would constitute a criminal offense or give rise to any civil liability or that violates any local, state, federal, national, or international law or regulation; or
- disrupt, overwhelm, overload, attack, modify, or impair the operation of or interfere with the Site or its associated software, hardware and/or servers in any manner, or impede or interfere with the use of the Site by other persons or alter or tamper with any content or information associated with the Site.
Confidential Information
If you register to participate in a PenPal Schools course of study, you may be exposed to private and confidential information, such as Personal Information, thoughts, and writings. You agree that you will not – during the course of your participation in any PenPal Schools session or at any time thereafter – use, disclose or otherwise make available to any Personal Information, except as permitted below.
You may only disclose Personal Information in the following circumstances: 1) when required by a judicial order or decree or governmental law or regulation, but only after you have notified PenPal Schools reasonably in advance of such disclosure; or 2) the information becomes generally available publicly without restriction and without breach of confidentiality obligations owed to PenPal Schools.
Any improper collection or misuse of Confidential Information or other information accessible on the Site is a violation of the PenPal Schools’ Privacy Policy and should be reported to support@penpalschools.com.
Submissions
Any submission that you make or send to PenPal Schools will be treated as confidential and and will not be used by PenPal Schools without consent. All personal data submitted to this Site will be used by PenPal Schools in accordance with our Privacy Policy.
Interactions with Third Parties
Your interactions with organizations or individuals found on or through PenPal Schools, including payment and delivery of goods and services and agreement to any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations or individuals. Please make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
Hyperlinks
We may post hyperlinks to third-party websites (“Third Party Sites”). These hyperlinks do not indicate our endorsement or sponsorship of, or our affiliation with, Third Party Sites. PenPal Schools does not have control over, and is not responsible for, the content on Third Party Sites.
Please be mindful that when you click on a link and leave our website you will be subject to the terms of use and privacy policies of the other website that you are going to visit. We advise you to take the time to educate yourself about the privacy policy and terms of use of any website that you visit. You assume complete responsibility in your use of any external site. You should direct any concerns regarding any external link to its site administrator or webmaster.
Other sites may link to this Site only through a plain-text link. We reserve the right to require termination of any link to this Site at any time.
Disclaimers of Warranties and Limitations of Liability
PENPAL NEWS AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, EMPLOYEES, AGENTS, AND INDEPENDENT CONTRACTORS (COLLECTIVELY “PENPAL NEWS PARTIES”) MAKE NO REPRESENTATIONS, EITHER EXPRESSLY OR BY IMPLICATION, REGARDING THE INFORMATION, PRODUCTS, SERVICES, AND MATERIAL PROVIDED ON THIS SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES THAT ARE AVAILABLE, ADVERTISED, OR SOLD THROUGH THIS SITE. THIS SITE AND ALL INFORMATION, PRODUCTS, SERVICES, AND LINKS TO OTHER WEBSITES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF RELIABILITY, ACCURACY, TITLE OR INFRINGEMENT, OR ANY OTHER TYPE OF WARRANTY, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM. IN NO EVENT SHALL THE PENPAL NEWS PARTIES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR CONNECTED IN ANY WAY WITH THE USE OF, OR INABILITY TO USE, ANY MATERIAL ON THIS WEB SITE, EVEN IF THE PENPAL NEWS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT SUCH DAMAGE OR LOSS WAS CAUSED BY PENPAL NEWS PARTIES' NEGLIGENCE.
THE PENPAL NEWS PARTIES MAKE NO WARRANTIES AS TO UNINTERRUPTED SERVICE OR ERROR-FREE SERVICE. THE PENPAL NEWS PARTIES DO NOT WARRANT THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES WILL BE FREE FROM SECURITY BREACHES, OR THAT NO VIRUSES OR HARMFUL COMPONENTS WILL BE TRANSMITTED ON THE SITE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, DATE DATA PROCESSING FAILURES, COMPUTER VIRUS, MECHANICAL FAILURES, COMMUNICATION LINE FAILURE, WEATHER, WALKOUT, FIRE, ACT OF GOD, RIOT, ARMED CONFLICT, ACT OF WAR, THEFT, OR DESTRUCTION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU USE THIS SITE AT YOUR OWN RISK. WE ASSUME NO RESPONSIBILITY AND ARE NOT LIABLE FOR ANY DAMAGE TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. PENPAL NEWS MAKES NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE SITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. HOWEVER, IN ALL EVENTS, PENPAL NEWS’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE PENPAL NEWS PARTIES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY, OR USEFULNESS OF ANY PORTION OF THE SITE.
THE PENPAL NEWS PARTIES MAKE NO REPRESENTATIONS OR PROMISES TO DEVELOP, PROVIDE, OR MARKET ANY SOFTWARE, SERVICE, OR PRODUCT DISCUSSED ON THIS SITE, AND YOU SHALL NOT RELY ON THE INFORMATION PROVIDED OR THE PROSPECT OF AVAILABILITY OF ANY SOFTWARE, SERVICE, OR PRODUCT CURRENTLY IN DEVELOPMENT OR CURRENTLY ANTICIPATED TO BE MADE AVAILABLE IN THE FUTURE.
IN NO EVENT WILL ANY MEMBER OF THE PENPAL NEWS PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, NEGLIGENCE, LOST REVENUE, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF, THIS SITE OR ANY SITE LINKED TO THE SITE. WITHOUT LIMITING THE FOREGOING, NO MEMBER OF THE PENPAL NEWS PARTIES IS LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF THIS SITE OR ANY SITE INFORMATION, INCLUDING WITHOUT LIMITATION THE SITE CODE OR ANY OTHER INTERACTION WITH THE SITE, WHETHER ARISING UNDER CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LAW OR CAUSE OF ACTION.
Indemnification
By accessing the Site and Mobile Application, you hereby agree to indemnify and hold harmless PenPal Schools and its affiliates and their respective directors, officers, employees, agents, and third party service providers, and to defend and hold each of them harmless from any and all claims and liabilities (including attorney fees) which may arise from your submissions, from your unauthorized use of material obtained through the Site, from your breach of these Terms, or from your use of and access to the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification, in which event you will cooperate with us in asserting any available defenses.
Export and Trade Controls
You agree not to import, export, re-export, or transfer, directly or indirectly, any part of this Site or any Content provided on this Site, except in full compliance with all United States, foreign, and other applicable laws and regulations.
Termination
PenPal Schools may terminate the Terms or terminate access to the Site and Site services at any time, for any reason, with or without notice to you. By accessing the Site, you agree that PenPal Schools is not liable to you or any third party for the termination of this Agreement or access to the Site.
Privacy Policy
PenPal Schools is committed to protecting your privacy and security. Please read our Privacy Policy to learn more about the steps we have taken to do so.
Legal Disclaimer
The Content of this Site contains information for the convenience of Site users. While we endeavor to maintain the Content of the Site in an accurate and up to date fashion, we make no guarantee or warranty as to the accuracy of the Content. All content is subject to change.
The Content is not offered, nor should be construed as, advice, including but not limited to investment or legal advice, or as a substitute for consultation with legal counsel or investment professionals.
Miscellaneous
These Terms will be governed by and construed in accordance with the laws of the State of New York, without regard to the any principles of conflicts of law rules. By accessing this Site, you agree that any litigation that arises out of, or is related to, these Terms will be filed only in the state or federal courts located in New York, and you hereby consent and submit to the personal jurisdiction of such court for the purposes of litigation.
If any provision of these Terms are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining Terms, and will not affect the validity and enforceability of the remaining provisions.
Acceptable Use Policy
PenPal Schools is an online community where students from around the world connect to learn together. Before using PenPal Schools, teacher and student users MUST read and agree to the PenPal Schools Privacy Policy and Terms of Use.
When using the PenPal Schools platform, NEVER give out personal details such as first and last name, phone number, physical address, e-mail address, social media username, or any other types of identifying information. Because people may lie about their identity, be careful when interacting with strangers. DO NOT engage in any conversation that makes you uncomfortable.
All content and communications submitted on PenPal Schools may be monitored for the purpose of maintaining a safe and respectful community.
Acceptable use of PenPal Schools
Accounts and User Profiles
- Do not give your username or password to any other person
- Do not use your real first and last name when creating a username
- Profile images and usernames must not be considered offensive in any way, including sexually explicit, profane, discriminatory, defamatory, or libellous material
- Users must not use a profile image or username that violates the copyright or trademark of a businesses or individual
Questions, Comments, and Messages
- Individuals must not use profanity, obscenities or derogatory remarks in communications
- Do not send confidential or unprotected sensitive or personally identifiable information
- Do not use PenPal Schools to make personal gains, conduct business, or gamble
- Must not share links to third party sites that contain profanities, obscenities, sexually explicit, or discriminatory content
- Never, under any circumstances, agree to meet someone in real life that you have met online
Consequences and enforcement
Members of the PenPal Schools community should immediately report all inappropriate content, behavior and underage users by using the “Report” button located next to each message in the student experience, contacting the company via the in-application messenger, or by writing support@penpalschools.com with a detailed description of the content in question.
Violations of the PenPal Schools Acceptable Use Policy will result in consequences consistent with their severity. Any violation of this policy will result in the notification of a student’s teacher. Repeated violations will result in suspension from the PenPal Schools platform. If users of the PenPal Schools community break the law or engage in illegal activities, law enforcement agencies will be contacted and the incident turned over to authorities.
