Terms and Conditions
1. Website Purpose. The purpose of the Website is to provide the public with general information about Pencilated, LLC (“Pencilated”) and the materials in Pencilated’s collection. The Website, all Services, and all Content (meaning all material on the Website or offered through the Services, including, without limitation, all images, text, audio, video marks, logos, software, and their selection and arrangement) are provided only for personal, educational, and non-commercial use.
2. Copyright Ownership and Restrictions. All Content is owned and controlled by Pencilated and/or its affiliates and licensors, and is protected by U.S. copyright law, international copyright conventions, and other copyright laws. You agree to abide by all such laws and all restrictions displayed on the Website in conjunction with particular Content.
3. Inappropriate Use and Access.
(a) You may not use the Website or Services to post or send any unlawful, infringing, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability or otherwise violate any law.
(b) You may not use the Website or Services to send spam or any unsolicited email advertisements to any user of the Website, or to the Website itself, through Voice computer systems.
© You may not take any action that imposes or may impose an unreasonable or disproportionately large load on Pencilated’s network infrastructure, as determined by Pencilated in its sole discretion.
(d) You may not interfere or attempt to interfere with the proper working of the Website or any Services.
(e) You may not bypass any measures Pencilated may use to prevent or restrict access to the Website, Content, or Services.
(f) You may not link from any other website to this Website in any manner such that this Website, or any Content, is “framed” or surrounded by any other content, materials, or branding.
5. Disclaimer. Your use of the Website, Content, and Services is at your own risk. THE WEBSITE, CONTENT, AND SERVICES ARE PROVIDED “AS IS” OR “AS AVAILABLE.” TO THE FULLEST EXTENT ALLOWED BY LAW, PENCILATED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE WEBSITE, CONTENT, OR SERVICES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND/OR PENCILATED’S NEGLIGENCE.
UNDER NO CIRCUMSTANCES WILL PENCILATED BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, CONTENT, OR SERVICES, EVEN IF PENCILATED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PENCILATED’S TOTAL LIABILITY FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT OR TORT, EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN CONNECTION WITH YOUR USE OF THE WEBSITE, CONTENT, AND SERVICES.
6. Links. The Website may contain links to other websites (“Linked Sites”) operated by parties other than Pencilated. Pencilated has not reviewed the Linked Sites and does not monitor or control them. These links are provided for your reference only and Pencilated is not responsible for the content of any off-site pages or other Linked Sites. Pencilated’s inclusion of links to Linked Sites does not imply any endorsement of the material on the Linked Sites or any association with their operators.
7. Termination. Pencilated may block, suspend, or terminate your use of the Website, Content, or Services at any time for any reason. Reasons Pencilated might do so include, but are not limited to, the following: (a) your breach of this Agreement; (b) Pencilated is unable to verify or authenticate any information you provide to us; or © Pencilated believes that your actions could cause financial loss or legal liability to Pencilated or other users of the Website; and (d) routine network maintenance affecting all users.
8. Changes to this Agreement. Pencilated retains the right to revise this Agreement, in whole or in part, at any time. Your use of the Website or any Content or Services after any particular revision of this Agreement will constitute your acceptance of the revised Agreement.
9. Governing Law and Venue. The Website is created and controlled by Pencilated in the state of Virginia. This Agreement is governed by the laws of the state of Virginia, without regard to its conflict of laws principles. By using the Website, Content, or Services, you hereby consent to the exclusive jurisdiction and venue of courts in Winchester City, Virginia in all disputes arising out of or relating to your use.
10. General. This is the entire agreement between you and Pencilated and supersedes any prior understandings or agreements (written or oral). If any portion of this Agreement is held to be unenforceable, that portion will be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Pencilated’s failure to insist upon or enforce strict performance of any provision of these terms will not be construed as a waiver of any provision or right.