Terms

TERMS AND CONDITIONS

Welcome to mypen.net (Hereinafter: "mypen" or "The Website"), which enables users to read and upload various contents, including articles, stories, lyrics, thoughts, talkbacks, pictures, etc. The website's owners, managers, operators and representatives (Hereinafter: "The Owners") hereby grant access to its website and services pursuant to the Terms and Conditions set forth herein. Upon accessing this Website you hereby agree to the Terms and Conditions set forth herein. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS EXTENSION. IN USING THIS WEBSITE YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS. You hereby agree that your access to this Website is at your own risk.

• INTRODUCTION
  • The section headings used in this agreement are solely for the convenience of the reader and shall not be given any legal import.
  • The Terms "User", "You" and "Your" refers to the person making use of this Website and accepting the Website's terms and conditions.
  • The Terms "The Owners", "The Website", "We" and "Us", refers to our Website, mypen.com. "Party", "Parties", or "Us", refers to both the Users and the Website, or either the User or the Website. All terms refer to the use necessary to undertake the process of our assistance to the User in the most appropriate manner, by any means, for the express purpose of meeting the User's needs in respect of provision of the Website's stated services/products, in accordance with, and subject to the law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable.
  • The above and following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer and any or all agreements and are unchangeable and shall be interpreted accordingly.
  • The terms "Content" and/or "Information" and/or "Materials" includes all types of data, including but not limited to any textual, visual, audio, audio-visual, musical or any combination of thereof, as well as the design of said content, the editing, distributing and presentation, including but not limited to the use of illustration, photography, animation, drawings, imagery, computer code, sampling, data base, icons, interface, protocol, files or any content related to the above mentioned, all of which will be considered hereon: "Content".
  • The Owners reserve the right to change, edit, revise and update these Terms and Conditions. You are encouraged to periodically read these Terms and Conditions upon your future visits to the web site, and to always be updated regarding the Terms and Conditions of use of this Website, by which you are bound.
  • It is recommended to check these Terms of Use from time to time in order to be updated on any updated version, as they are a binding contract.
  • By using, accessing, and/or browsing on this Website you hereby agree to follow the Terms and Conditions as outlined in this legal notice, which apply to any and all use of the Website, both now and in the future.
  • These Terms and Conditions apply to the use of the website and any content in it, through the use of any computer or other communication device (such as, but not limited to cellular phones, palm pilots, tablets) that exists or may exist in the future, through the use of the internet and/or by any other network or communication services.
  • Please be advised that The Owners reserve their sole right to make any changes to the Website at any time for any reason, without prior notice, without your consent and/or knowledge and without any liability for such changes, including deleting, editing, changing or adding any content to the uploaded content on The Website. Any time you enter the website you will be able to read the Terms in their most updated version at: https://en.mypen.net/terms.php
  • These Terms and Conditions shall apply in accordance to any other policy presented on the website, and in any case of a discrepancy, the specific policies apply.
  • If you do not agree to these Terms and Condition, please do not use or access this Website.
  • These Terms and Conditions shall be valid until terminated by the Owners or any agent acting on their behalf.
  • Regarding any question on the use of the Website you may contact The Owners via email atadmin@mypen.net.
• PURPOSE OF THE WEBSITE
  • The purpose of the Website is to create an online platform for users to upload any written, drawn, photographed or composed original materials to be viewed, read, played or otherwise enjoyed by other Website users, including but not limited to news articles, texts, pictures, drawings, talkbacks, etc.
  • The owners of the website reserve the right to edit and/or delete and/or filter any content as per their own discretion, at any time, without needing to provide any explanation or advance notice.
• DISCLAIMERS
  • The Owners do not and can not create, monitor, verify or edit the Marketing Material and/or the correctness and/or the appropriateness of such Marketing Material.
  • It is The Owners' intent to make sure that the services offered by this Website do not violate copyright, trademark rights or any other rights of any third party. If you are concerned that such rights have been infringed, please send a message as soon as possible so we can act upon said infringement.
  • The Owners will make efforts to insure that the Website and all the materials in it are free of malicious programs and/or viruses. However, the Website and all the materials in and related to it are provided "as is" and, to the fullest extent permitted by law, are provided without warranties of any kind, neither expressed nor implied. This means, without limitation, that The Owners DO NOT WARRANT that the Website is fit for any particular purpose; that the functions contained in the materials of the Website will be uninterrupted; that links contained on The Website will lead to 'active web pages'; that defects will be corrected; or that the Website is free of viruses and other harmful components, and they are not liable in any such incident, even if such interference was brought to their attention.
  • The Owners and third party content providers, their partners and affiliates together with their respective employees, agents, directors, officers and shareholders, ARE NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system, information and/or network, or any other damage that may arise, to the User or to a third party, by making use of the Website.
  • You hereby understand and acknowledge that the website is a platform for users to upload various materials and content. It is the user's sole responsibility to make sure that the user's personal information remains unharmed. The Owners and third party content providers, their partners and affiliates together with their respective employees, agents, directors, officers and shareholders, ARE NOT LIABLE without limitation, for any direct, incidental, special, and consequential or punitive damages, that was done with the user's personal information. We highly recommend that the user will read the website's Privacy Policy at:https://en.mypen.net/privacy.php
  • By using the Website you hereby exempt the Owners and third party content providers, their partners and affiliates together with their respective employees, agents, directors, officers and shareholders, from ANY liability, damage or harm, without limitation, direct, incidental, special, and consequential, to you or any third party.
  • The Website and the entirety of its content is provided and put to you 'as-is'.
  • Under no circumstances, the Owners and/or any third party content providers are not liable for any damages, including, without limitation, direct, incidental, special, and consequential or punitive damages, in connection with, or arising from your use, or from your inability to use the Website or from any dissatisfaction that may arise as a result of your using it.
  • The services and products that are provided to the user are a "Template" onto which the content is uploaded by the user. The Owners and/or anyone on their behalf will not be liable for any dissatisfaction that is a result, direct or indirect, of the products and/or of the services as they are provided by the Owners.
  • The Website is designed as a platform only for users' reading and uploading various contents, in various categories, including users' comments for existing content.
  • The Owners make no warranties, expressed or implied, or representations as to the accuracy of content on this website and they assume no liability or responsibility for any error or omissions in the information contained in the website or the operation of the website and any use done by the users is done based on their sole discretion.
  • This agreement does not create any employer-employee relationship, client-supplier, licensor-licensee, partnership or any other type of relationship between you and the Website, its Owners and/or anyone on their behalf.
  • The Owners are not liable nor do they express any position, explicitly or otherwise about:
    • The information and content on the Website;
    • The content, information and actions to which access is granted through the use of the website;
    • Any product, software or services, to which access is granted through the use of link on the website;
    • Any damage that was caused or that may be caused by sending sensitive or confidential material through the Website;
    • Any damage that was caused or that may be caused by and defect or a malfunction on the Website's operating software
• THE PROVIDED SERVICE, AVAILABILITY AND CREDIBILITY
  • The Owners reserve their sole right to make any changes to the Website at any time for any reason, without prior notice, without your consent and/or knowledge and without any liability for such changes, including deleting, editing, changing or adding any content to the uploaded content on The Website.
  • The Owners may disable the Website and/or change it from time to time, change the content, structure, appearance and availability of services provided, without prior notice, without your consent and/or knowledge and without any liability for such changes and/or actions.
  • The Owners will make efforts to insure that the Website and its services will be provided without any interference, however the services of the Website are provided "as is" and The Owners make no warranty or representation to you with respect to them, in particular, that your use of the Website will meet your requirements, that your use of the Website will be uninterrupted, timely, secure or free from error, and that defects in the operation or functionality of any software provided to you as part of the Service will be corrected.
  • The Owners can not guarantee that the information and content on the Website will be accurate or reliable. If you find any discrepancy, please let the Owners know so that they can make sure to correct it.
  • No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Website except to the extent that they are expressly set out in these Terms and Conditions.
• USE OF THIS WEBSITE
  • By using this Website you hereby give up any claim or demand you may have against the Website or its Owners for the usage, the limitations or any reactions you might receive as a result of using the Website.
  • Thus, the use of the content displayed on the Website and/or the services offered by the website will be made on your sole discretion and that you will solely be responsible for them.
  • The use of the website is personal and can not be transferred to any other user by any way or means, directly or otherwise.
  • You and/or anyone on your behalf will not operate or allow operation of or upload any malicious computer application or program or any other means or measures, including but not limited to Worms, Crawlers, Viruses, Trojan horses and Robots, for searching, scanning, copying, automatic retrieval, or harming the operation of the services provided by this Website in any way; including through any software, instrument, accessory, web site or communication protocol, web site design or any other content.
  • It is strictly prohibited to display any content of the website by any means, including, but not limited to, any software, equipment or communication device that may change the content's display on the website and/or delete or otherwise fail to display any other content, especially advertisement and marketing materials.
  • You and/or anyone on your behalf acknowledge that it is strictly prohibited to make changes to or copy, distribute, transmit, display, perform, reproduce, publish, issue a license, create derivative works from or sell an item, information, software, products, artwork or services from the Website
  • By using the website you hereby grant the Owners the right to give your information to advertisers, as per your request, and you grant them the right to use said information commercially, with respect to the Website's Terms and Conditions and Privacy Policy.
  • By uploading any content you hereby grant the Owners the right to upload any corresponding content or any content that may support, emphasize, describe or otherwise strengthen the user's uploaded content.
  • The information and transmissions to and from the Website are not confidential and it is the user's sole responsibility to make sure that any information, documents and/or messages that are passed to or from the Website is discrete and kept confidential.
  • You hereby agree that by providing information and/or transmitting information to and from the Website that no relationship is created, other than the one described in these Terms.
  • You hereby agree to use the Website, as well as the Uploaded Content only to provide and/or receive information and material that are proper. When using the Website, among other forbidden uses, you expressly agree not to:
    • Use any content of any kind, including but not limited to, pictures, videos, images, audio and so forth that you have no right or permission to use;
    • Harass, "stalk", threaten, abuse, defame or violate in any other way the legal rights of others;
    • Upload, publish, post, or collect any material that is defamatory, indecent, inappropriate or unlawful;
    • Upload, publish, post, or collect any material that is libelous, or is an invasion of privacy or publicity rights or any other third party rights; or include information of any kind that may mislead a consumer;
    • Upload, publish, post, or collect any material that may constitute a criminal offense, gives rise to civil liability or violate any state, local, national or international law.
    • Collect or "harvest" information about any other user, including, but not limited to users' e-mail addresses, personal information, pictures or any content provided by users on social media and/or advertisements, information with regards to pricing and offered services on the website;
    • Upload, publish, post, or collect any material that may infringe any rights of any party, including but not limited to intellectual property rights such as trademarks, copyrights, trade secrets, designs and patents.
    • Use the Extension in relation and/or in connection with "spam" or "junk" mail of any kind (commercial or personal).
    • Upload, publish, post, write or collect any personal information or any other user's information that isn't true or accurate;
    • Upload, publish, post, write or collect any commercial content without receiving an explicit written permission, in advance from the Owners.
    • You acknowledge that use of any kind of this Website is not confidential.
• EXTERNAL LINKS
  • This Website may allow the publishing or posting of hyperlinks, links and feeds that provide information and services (hereinafter: "the links"), to information resources or other resources located on other websites or web pages (hereinafter: "other sources").
  • The links are provided using the Website solely for your convenience and the existence of the links does not imply any authorization and or "seal of approval" for the content, data or information of any kind published in other sources.
  • The Owners are unable to monitor or control any of the content, data or information of any kind that is published in other sources, and therefore The Owners are not responsible for such content, data or information.
  • The Owners are not responsible for such content, data, visual elements or information that the links connect to and are not liable for any result that may occur by using or relying on them.
  • Without derogating from the above, The Owners will not be held liable for any direct or indirect damage, caused to you or your property resulting from using or relying on the content, data or information from other sources.
• ABUSE
  • The Owners tend to maintain an adequate and safe operational level of the Website and services provided to the User.
  • The Owners cannot ensure that users of the Website have the rights to material, information and other content uploaded by them to the site, thus we will need your help to identify items that violate rights. Please report to us any problems and/or offensive content and/or any breach of policy.
  • It is The Owners' intent to make sure that the services offered by this Website do not violate copyright, trademark rights or any other rights of any third party. If you are concerned that such rights have been infringed, please send a message as soon as possible.
  • Without limiting any other remedies, we will limit or sustain any user's activity and/or remove any content that was uploaded by a user and/or prevent access from a user and/or take technological and legal actions to protect any third part's right.
• WEBSITE CONTENT
  • The Owners encourage freedom of expression. However, in order to prevent the abuse of freedom of expression by making use of the services provided by this Website, The Owners reserve the right to remove any content that infringes third party rights whether through breach of copyright, intellectual property rights trademarks, slander, violation of privacy, publication of pornographic content that may be inappropriate to minors, slander and harm to reputation of third parties and the like.
  • By using this Website, you hereby declare that you are aware that you may be exposed to various contents on the Website and that neither the Website nor its Owners are responsible and/or can be liable for any such contents.
  • The Owners may turn away users, delete or edit content and/or block access to users, without any need to provide a reason or explanation, especially if a user's content infringes third party rights through the breach of copyright, intellectual property rights trademarks, slander, violation of privacy, publication of pornographic content that may be inappropriate to minors, slander and harm to the reputation of third parties and the like.
  • The Owners reserve the right, at all times, to disclose any information to others who require it by law, as well as the right to edit, remove, refuse to upload to a site or publish on a site any content, data or information which The Owners believe to be offensive or in violation of terms of this agreement.
  • The Owners may refuse to post content that violates the above and/or may damage the Website and/or any third party in any way, and reserves the right to delete such content at any time.
  • The Owners reserve the right to delete, edit or modify any user's content on the Website at any time and without notice.
  • As mentioned above, your use of any information, content or data that is on the Website will be at your own discretion.
  • You hereby guarantee not to upload, share, distribute, advertise or otherwise use any content on the Website that may:
    • Violate other people's copyrights, trademarks, patents or any other intellectual property right;
    • Limit other users use of the Website;
    • Be defamatory, racist, a threat, insult, pornography, sexually vulgar or otherwise negative and hurtful;
    • Be illegal or prohibited, or may induce any illegal or prohibited activity, including military secrets and/or information;
    • Encourage, induce, assist or otherwise be a part of any illegal action or any action that may result in a legal responsibility, upload any content that may be result in criminal or civil liability, that may invade a third party's privacy, or that may be damaging or hurtful in any way;
    • Be any type of spam, malware, junk mail, worms, vandals, malicious applications, time bombs, abusive, chain messages or software codes;
    • Be any type of cancelbots, damaged files or any other software or component that may harm another's use of the website, computer and/or content on the Website and/or property;
    • Use your account to host generic graphic elements of web page designs, logos, banners, icons, and other non-photographic elements on other web sites, or show suspicious upload behavior that impacts the stability of the Website;
    • Be misleading to any other user and/or third party;
    • Be any content that includes minors' information, including but not limited to their names, contact information or address;
    • Be any information that is misleading, false or any other content that the Owners will see fir to remove.
    • Be any other type of content that the Owners may chose to take down;
  • The owners reserve the right to refuse to publish, any content that may violate any content that violate any one of the and they reserve the right to edit and/or delete and/or filter such content or any other content, as per their own discretion, at any time, without providing any explanation and/or advance notice in the matter.
  • The owners reserve the right to edit and/or delete texts as well as to add images, videos, quotes, texts and so forth. Also, the Owners may add and/or change and/or remove categories and/or sub-categories and/or tags for any reason they see fit.
  • In the case where the user has uploaded any content without adding a picture, the user agrees that the Owners may use the Website's algorithm to choose a random picture that will accompany the content.
  • The Owners make no warranties, expressed or implied, as to saving the content and/or information uploaded to the website. The Owners do not guarantee that any such content will be on the website for any duration of time, However, the Owners will make an effort to make sure that any uploaded content will be available and accessible to the users at all times.
  • The Owners make no warranties, expressed or implied, as to the accuracy of content on this website and/or its affect on other users computers and they assume no liability or responsibility for any error or omissions in the information contained in the website and/or the operation of the website and/or any discomfort, harm, damage, loss and so forth that may occur to the user or any third party by using the Website.
  • The Owners advise the users to be mindful with regards to the content they upload, as well as to any "professional information" given through the use of the Website. The Owners hereby clarify that any information or content presented on the Website does not substitute any professional advice and any use done by the users is done based on their sole discretion.
• INTERNATIONAL USE OF THE SITE
  • You agree that any action performed by you making use of this Website does not violate the laws of the territory you are using this Website from.
• PRIVACY
  • Your privacy is of extreme importance to The Owners.
  • The Owners make reasonable efforts under the circumstances to protect the User's information and privacy. However, because of the nature of the Internet, we cannot guarantee full protection for this content.
  • By using the Website, the user allows the Owners to use any content uploaded by them or by someone on their behalf, including the user's name and picture, for the sake of advertising, promoting and distributing the Website on any media, including social medias such as Facebook, Twitter, etc, as well we magazines, newspapers, flyers or any other advertisement platform. Should you choose to stop receiving such marketing materials please email us at: admin@mypen.net
  • By using the Website, the user hereby exempts the Owners from any responsibility for any injury or damage direct or indirect, financial or otherwise, caused as a result of any use of the Website.
  • For further information please see our Privacy Policy at:https://en.mypen.net/privacy.php
• INTELLECTUAL PROPERTY
  • The Website's is the sole property of The Owners. Copying or publishing any content or part of it without the Owners' expressed authorization is prohibited.
  • The Website is protected by the copyright law of the State of Israel, as well as International treaties, not including any content uploaded by the users ("protected material"). The content provided is for your personal use only.
  • All the website's intellectual property rights, including its name, its logos, registered and unregistered trademarks are the exclusive property of The Owners as well as all of the designs, illustrations, implementations, source code, trademarks, name and any other content and/or material contained (whether visible or hidden) of the Website.
  • The Website acts as a platform for users to have their artwork displayed for other users to enjoy. Any and all material uploaded, shared and/or displayed on the site by the users, including their user names and pictures, all other logos, registered and unregistered trademarks, service marks and trade names that are part of the Website are the intellectual property of their respective owners are the sole intellectual property of their owners ("protected user material").
  • You expressly agree not to copy, download or otherwise exploit any of the aforementioned protected user material without the express permission of The Owners or the respective owner of such logo, trademark, service mark or trade name.
  • When uploading any content you hereby guarantee that you are the rightful owner of the content you are uploading or that you have the rightful owner's authorization for uploading said content. You hereby guarantee that the usage you make of the content is in direct correspondence with the authorization granted to you by the rightful owner.
  • When uploading any content you hereby remove any responsibility from the Website or its Owners for patent, copyright, trademark infringement or any other trade secret or other content violation.
  • It is forbidden for the Website's registered or unregistered users to copy, distribute, publicly display, translate or give to a third party any part of the protected material without obtaining prior written consent of the owner of the protected material's intellectual property rights.
  • The Owners respond to notices of alleged infringement that comply with Intellectual Property, Copyright, Privacy and Libel laws. If you are the owner of any intellectual property right and you believe that your right has been violated, please email us at:admin@mypen.net with A Notice of Infringing Material regarding content and/or material that is residing on The website's servers, should include the following details:
    • When serving a Notice of Infringing Material, please define exactly what right has been infringed (such as Copyright, Defamatory or Libel, Invasion of Privacy);
    • Reasonably sufficient details to identify the content and/or material claimed to be infringed;
    • Your contact information (personal address, email address, telephone number etc.);
    • Your declaration that you believe in good faith that the use of the mentioned content and/or material is not authorized.
    • Your declaration, under penalty of perjury, that the information you provided in the Notice of Infringing Material is correct and accurate and that you are the owner of the alleged infringed rights or you are authorized to act on behalf of the owner of the aforementioned rights.
    • Your signature (electronic or physical).
  • As part of our response, we may remove or disable access to content and/or material residing found on The Website, which is claimed to be infringing and/or defamatory, libelous, or is an invasion of privacy or publicity rights. The Owners shall disable or remove access, including links, to any content and/or material residing on its servers, as soon as possible after it has received a Notice of Infringing Material.
  • The Owners will attempt to contact the person who submitted the alleged infringing content and/or material.
  • Before serving a Notice of Infringing Material, we encourage you to contact a lawyer to better understand your rights and obligations under the applicable laws.
  • The following notice requirements are intended to comply with The Owners' rights and obligations under the applicable laws and do not constitute legal advice.
  • The website's name and registered or unregistered trademarks are the sole property of the Owners. Any other trademark on the website is owned by its rightful owner. You hereby guarantee not to take any action that may cause any damage or violate any right in any third party's trademark on the website.
• ADVERTISEMENTS
  • The Website may allow the uploading or posting of commercial content such as advertisements and marketing material on behalf of various service providers, advertisers or users, who seek to offer goods or services for sale ("Marketing Material"). Marketing Material may include, but are not limited to text, images, sounds, or video. The Owners will not be held responsible for Marketing Material posted making use of The Website.
  • The Owners do not create, monitor, verify or edit the Marketing Material and/or the correctness and/or the appropriateness of such Marketing Material. The responsibility for any Marketing Material and for any consequence of user reliance on such Marketing Material is solely upon the User. The fact that third parties are capable of posting such Marketing Material using the Website does not mean that The Owners recommend and/or endorse the purchase of the goods or the services offered in such Marketing Material.
  • SURVEYS AND QUESTIONNAIRES
  • The Website may include surveys and/or questionnaires on The Website, relating to topics including but not limited to User's experience, ease of use of The Website, satisfaction of Users by third party content, service providers, and any other information and/or services provided to the User.
• TERMINATION
  • The Owners reserve the right to immediately terminate your use of or access to this site at any time if the Owners decide, at their sole discretion, without having any means taken against them.
  • The Owners reserve the right to terminate your use of or access to this site should you breeched any of the terms in this here agreement.
  • The Owners reserve the right to block any user from using the Website, block any IP address from entering the Website,
  • The Owners reserve the right to remove any content uploaded by any user and prevent users from using the Website at any given time, at their discretion, without having any means taken against them.
• INDEMNIFICATION
  • You agree to defend, indemnify and hold harmless The Owners, their partners and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising from your use of this Website/your failure to use the Website/your breach or alleged breach of this agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of any third party.
• GOVERNING LAW AND JURISDICTION
  • Y This Agreement and any other agreement made by the Owners with regards to the use of the website shall be governed by the laws of the State of Israel. All disputes arising out of this Agreement shall be subject to the exclusive jurisdiction and venue of the competent courts of Tel-Aviv-Jaffa, and the parties consent to the personal and exclusive jurisdiction of these courts.
  • Y This governing clause shall oversee any other agreement, written or otherwise, between the parties.
  • Y This agreement will not affect any Private International Law.
  • Y This Agreement shall be governed by Israeli Contract Law.
• CONTACT
  • If you believe that any material contained in a site uploaded or posed using this Website infringes your rights, you should notify The Owners of your right infringement. The Owners will process notices of alleged infringement which it receives and will take appropriate action as required by law. Please send your claims about any rights infringement to this address: E-mail address:admin@mypen.net.
• MYPEN wishes you an enjoyable visit to this site!
  • The Services provided by the Website allow users to upload content, such as texts, scripts, articles, original music, lyrics, pictures, comments, personal info or any other original content (Hereinafter: "the Uploaded Content"). For that purpose, users may be asked to create a "personal profile page".
  • In their "personal profile page", as well as for the purpose of uploading content to the Website, users may be asked to enter their personal information such as name, age, preferences, profile picture and so forth.
  • The Owners may use the user's uploaded content and/or profile name and picture for the purpose of advertising, promoting, and/or distributing the Website on any media, including but not limited to, any social media, without giving the user notice and/or without receiving the owner's consent.
  • Not withstanding the above mentioned, you hereby grant the Owners an irrevocable permission to edit, change, delete, present and/or make use of any protected user material for the purpose of advertising, promoting, and/or distributing the Website on any media, without giving notice and/or without receiving the owner's permission.