Terms of Service

Welcome to Penana (the “Service”). The following Terms of Service apply when you view or use the Service via our website located at penana.com or its associated app/interface. Please review the following terms carefully. If you are under the age of majority in your country of residence, you must review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. By accessing or using the Service, you signify your agreement to these Terms of Service. If you do not agree to these terms, you may not access or use the Service.

PRIVACY POLICY

Penana Limited (the “Company”) respects the privacy of its Service users. Please refer to the Company’s Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to this Privacy Policy.

PASSWORDS AND SECURITY

Your Account and any privileges granted to your account are for your sole use only and must not be used by any third party. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You shall notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.

USE RESTRICTIONS

Your permission to use the Site is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:

• post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
• use the service for any unlawful purpose or for the promotion of illegal activities;
• attempt to, or harass, abuse or harm another person or group;
• share your account credentials with someone else to allow them to access any part of the Paid Services or Content that such person did not order;
• use another user’s account without permission;
• impersonate others in a manner that does or is intended to mislead, confuse, or deceive others, or to misrepresent your identity or affiliation with any others;
• create multiple accounts for disruptive or abusive purposes, or with overlapping use cases;
• provide false or inaccurate information when registering an account;
• distribute in any medium any part of the Website, including but not limited to User Content (defined below), without our prior written authorization;
• interfere or attempt to interfere with the proper functioning of the Service;
• make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
• bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
• publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

POSTING AND CONDUCT RESTRICTIONS

When you create your own personalized account, you may be able to provide (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its discretion. The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:

• You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
• You will not post information that is malicious, false or inaccurate;
• You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
• You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.

LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Service, the Company may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service users. The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

TERMINATION

Either party may terminate the Services at any time by notifying the other party. Penana Limited may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if users breaches any of the terms or conditions of this Agreement. Upon termination of user's account, user’s right to use the Services, access the Site, and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, and limitations of liability. Termination of Your access to and use of the Site and the Services shall not relieve users of any obligations arising or accruing prior to such termination or limit any liability which users otherwise may have to Penana Limited or the Site, including without limitation any indemnification obligations contained herein.

INTELLECTUAL PROPERTY

You retain all of your ownership rights in your User Content Submissions, but we need licenses from you to operate the Services effectively. By displaying, posting or publishing any Content on or through the Site and Services, you hereby grant us a non-exclusive, sublicensable and royalty-free, worldwide, limited license to use, distribute, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content in connection with the Penana Website and Penana's (and its successors' and affiliates') business, including without limitation distributing part or all of the Site in any media formats through any media channels.

PURCHASED AND RENTAL CONTENT, SUBSCRIPTION AND SPONSORING

Certain of the User Content on the Service may be subject to payments now or in the future. The payment could be on a one-off basis, or in the form of subscription model. Upon your payment of the applicable fees (including applicable taxes) for, the User Content provider grants you a non-exclusive right to view, use, and display such User Content, solely through Penana or its affiliated services or as otherwise permitted as part of the Service, and solely for your personal, non-commercial use, as long as the rights exist to provide you with that content, or during the period of time specified if there is any. The User Content is licensed, not sold, to you by the User Content Provider. Some content, such as interactive or highly formatted content, may not be available to you on your devices or applications. Purchased Content may become unavailable for viewing due to any number of reasons, including, but not limited to, content provider licensing and other restrictions. If your purchase includes the ability to download Purchased Content, we encourage you to download that content immediately after purchase. If an item of purchased content unexpectedly becomes unavailable within 30 days from the purchase date, you may request a refund.

For certain subscription plans, the User Content Provider may offer some "promises" on future benefits. We could not guarantee those promises could be honoured. We are not liable for loss associated with unfulfilled benefits and from losses caused by conflicting contractual agreements.

Certain of the User Content may be subject to voluntary “sponsors”, which is a way to express support and/or appreciation for the User Content providers. The payment of the fees typically would not grant you any additional rights, except otherwise specified. In some cases, you may be allowed to leave a sponsor's comment which would be relatively easily visible to the User Content provider and/or the readers of the story.

Unless specifically indicated otherwise, you may not sell, rent, lease, distribute, broadcast, sublicense, or otherwise assign any rights to the content or any portion of it to any third party. In addition, you may not attempt to bypass, modify, defeat, or otherwise circumvent any digital rights management system or other content protection or features used as part of the Service. We do not grant you any public performance, public display, commercial sale, resale, reproduction, or distribution rights for any User Content. You must comply with all applicable laws and with the terms of any licenses or agreements to which you are bound in your use of the Services.

Penana makes no representations or warranties concerning:

• The availability of the User Content in a particular jurisdiction.
• The availability of the User Content for any particular device, operating system, or browser.
• The continued support for a particular feature of the Service.
• The quality of any User Content or the suitability of any User Content for any audience. All opinions and statements expressed by or in User Content (or related materials) are those of the User and/or persons involved in the production of the User Content, not Penana.
• The continued availability of any User Content.
• Penana does not warrant that the operation of the software will be uninterrupted or error free.

Terms of Sale

We may offer digital or non-digital products for sale within the Service. All orders are subject to availability and confirmation of the order price.

Where a contract is made with a third party Penana is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card or other payment methods used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs may be charged in addition; such additional charges are clearly displayed where applicable.

Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

Penana may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Penana makes no commitment to update the materials on the Site with respect to such products and services.

DISCLAIMER

Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Service. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.

Though the Company strives to enforce these Terms of Service, you may be exposed to User Content that is inaccurate or objectionable. The Company reserves the right, but has no obligation, to monitor the materials posted on the service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Service or engages in any activity that violates the rights of any person or entity. If you become aware of misuse of our Service, please contact us at contact@penana.com.

The service, is provided “as is,” without warranty of any kind. The company makes no warranty or representation that access to or operation of the service will be uninterrupted or error free. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the service. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.

You are solely responsible for your interactions with other users with whom you interact through the Service. The company reserves the right, but has no obligation, to become involved in any way with any disputes concerning the Service. If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

MODIFICATION OF TERMS OF SERVICE

We can amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you continue to use the Site, you signify your agreement to our revisions to these Terms of Service. However, we will notify you of material changes to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current.

GENERAL

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms of Service and your use of the Site are governed by the laws of Hong Kong, without regard to conflict of law provisions.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THE TERMS OF SERVICE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF SERVICE TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

Updated May 2022