Terms of Use

As of January 28, 2019

IMPORTANT LEGALESE:

As part of Pentel’s commitment to craftsmanship and storytelling, we offer these voluntary challenges from time to time to our artist community. Pentel would like to view the responses to these challenges and, in certain cases, select from among these submissions to share on its social media channels. Pentel aims to build a forum to honor craftsmanship, while offering selected artists a bit of promotion for their efforts via Pentel’s social media channels. This agreement that governs this process, while containing some detailed legal terms, protects artists where it matters most.

A few things to note:

• You do not have to contribute your video for Pentel’s selection — but if you choose to do so, it may get promoted on Pentel’s social media channels.
• You will retain ownership to all content that you submit and to all works contained in it.
• These terms grant Pentel permission to view your content, to select it, and to potentially promote and display it on Pentel’s social media channels. This agreement does not permit any other uses.

Thank you for your participation in these challenges. We hope you find them motivational and a valuable way to spend your time. We greatly appreciate artists and their contributions. We hope this particular contribution to our community serves meaningfully to build bonds over craftsmanship and process.

1. BINDING EFFECT. This term means that you are entering an agreement. This is a binding agreement and sets forth the terms and conditions under which Pentel of America, Ltd. (“Company” or “Pentel”) provides access to, and governs your use of the website located at challenge.pentel.com (the “Site”), and the information, content, features and services provided through the Site (together with the Site, collectively, the Service).
YOU AGREE THAT BY USING THE SERVICE, OR BY CLICKING “I ACCEPT” IF PRESENTED WITH THIS TERMS OF USE IN A CLICK-THROUGH FORMAT, SIGNIFIES YOUR AGREEMENT TO THIS TERMS OF USE, CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS TERMS OF USE, INCLUDING ANY MODIFICATIONS THAT PENTEL MAKES FROM TIME TO TIME, AND REPRESENTS THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site.

2. PRIVACY POLICY. This term references our Privacy Policy that describes how we handle the information you provide to us. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Site’s current privacy policy can be found by clicking here. Company’s privacy policy is expressly incorporated into this Agreement by this reference. By clicking “I ACCEPT” or using the Site or the Service, you represent that you have read and consent to our Privacy Policy in addition to this Terms of Use. Company may revise the Privacy Policy at any time, and the new versions will be posted on the Site. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Site and/or the Service.

3. THE SERVICES. This term describes what this website does and protects the website from certain malicious activity. The Pentel Site provides information on Company’s voluntary social media challenges and offers users the ability to share their own submission and/or subscribe to email updates related to the Site and its social media challenges. Company may make certain software available to you from the Site in the form of a website. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. All modifications and enhancements to the Site and Service remain the sole property of Company. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. You may link to the Site in accordance with this linking policy: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Company and/or its licensors’ names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Company, (iii) when selected by a user, the link must display the Site on full-screen and not within a frame on the linking site, and (iv) Company reserves the right to revoke its consent to the link at any time and in its sole discretion. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.

4. USER CONTENT. We appreciate artists and their contributions. This term governs how we will use the content that you submit.
User Content Definition. “User Content” means any information, including, but not limited to, video recordings and/or links to the website address storing such video recordings, or any other content posted, downloaded, displayed, performed, transmitted, or otherwise distributed to the Site or Service.
Ownership. Bottom line, you retain ownership in your User Content. You retain ownership of the User Content and all the copyright and other intellectual property rights therein, and this license does not transfer to Company any title to or any proprietary or intellectual property rights in or to the User Content, except for the license rights expressly granted by this Terms of Use.
Limited License. This term authorizes us to use your User Content, but limited to the ways we mention, namely viewing the User Content, selecting it, and sharing it on our social media channels. This permission is non-exclusive, meaning we do not restrict the way that you use your User Content with others. This permission is royalty-free, meaning that the potential promotion of your User Content on Pentel’s social media channels serves as complete compensation for this permission. You grant Company a limited, non-exclusive, royalty-free license to use the materials you post to the Site or Service in connection with the operation of the Site, namely for the limited purposes of collecting, viewing, making selections of User Content for the Site and Company’s social media channels, and sharing those selections of User Content to Company’s social media channels for promotion, publication and display. You acknowledge and understand that you will not be compensated monetarily for any User Content that you contribute.
Making Selections. This term means that the User Content that Company selects for its social media channels is up to them. Upon submission of User Content, Company will make selections for the potential use on the Site and its social media channels in its sole discretion.
Publicity Rights. This term authorizes us to use your name and/or username in connection with the publicity of your User Content. You agree that Company may use or otherwise disclose your name and/or username in connection with your User Content. You acknowledge and understand that any personal details that you decide to disclose in User Content may become public at your own risk.
Relationship of the Parties. This term protects you and the permission you give to us and restricts us from giving this permission to others. At the same time, this term describes that we are not creating certain business relationships with this agreement. This license does not permit Company to sublicense the User Content. The license granted by this section does not create any affiliate, partnership, joint venture, or agency relationship between you and Company.
Representation and Warranty. This term protects against infringement and uses of content that is not your own. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
Using the Site. This term outlines uses of the Site where company limits the scope of its liability. You understand that all User Content whether publicly posted or privately transmitted, on the Site or through the use of the Site or the Service, are the sole responsibility of the person posting or transmitting such Content. Company does not control the User Content transmitted through the use of the Site or the Service and, as such, Company does not guarantee, and shall not be responsible for any deficiencies relating to, the accuracy, reliability or quality of such User Content. Further, you acknowledge that Company may or may not pre-screen User Content that is displayed on the Site or transmitted through the use of the Site or the Service. You understand that by visiting the Site or using the Service, you may be exposed to User Content that you may consider offensive, indecent or objectionable. Under no circumstances will Company be liable in any way for any User Content including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available on the Site or through the use of the Site or the Services.

5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. This term details your agreement to abide by intellectual property laws when posting User Content. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your email address. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

6. INAPPROPRIATE CONTENT. This term restricts you from posting User Content deemed inappropriate and authorizes us to remove any such content from our Site and social media channels. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, hateful, pornographic, abusive, harmful, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) constitutes harassment or a violation of privacy or threatens other people or groups of people; (d) is harmful to children in any manner; (e) makes any false, misleading or deceptive statement or representation regarding Company and/or the Site or Service or (f) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service in its sole discretion, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

7. COPYRIGHT INFRINGEMENT. This term describes the process for removing content that infringes upon the copyrights of others. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be 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 Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have 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 (f) 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 an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at: social@pentel.com.

8. ALLEGED VIOLATIONS. This term permits the Company to restrict access to the Site and Services for certain violations. Company reserves the right to terminate your use of the Service and/or the Site in its sole discretion. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your User Content records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your access to the Site immediately and to remove any User Content, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.

9. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

10. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

11. AFFILIATED SITES. This term describes our relationship to third parties that may be linked or referenced on the Site or Services. Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose websites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no endorsement or guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

12. PROHIBITED USES. This term prohibits certain malicious uses of the Site and Services. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

13. INDEMNITY. This term protects Company against legal liability from certain uses of this Site and Service. You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

14. COPYRIGHT. This term serves as a copyright notice. All contents of Site or Service are: Copyright © 2019 Pentel of America, Ltd. All rights reserved. The interfaces, content, arrangement and layout of the Site including, but not limited to, the Company trademark and logo, designs, text, artwork, graphics, images, buttons, user interfaces, information and other content, and any compilation of the foregoing (Company Intellectual Property) are the property of Company, except where otherwise noted, and are protected from copying, imitation, communication, or simulation under U.S. and international laws and may not be reproduced, modified, communicated, displayed, distributed, or transmitted without the prior written permission of Company. You understand and acknowledge that, by visiting the Site, you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Site. You agree not to display or use any Company Intellectual Property or third party content located on the Site in any manner not expressly permitted under this Terms of Use.

15. NO LICENSE. This term means that we do not grant you permission to use Company’s trademarks. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.

16. GOVERNING LAW. This term designates the laws and jurisdiction that will govern this agreement. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles, California in all disputes arising out of or related to the use of the Site or Service.

17. SEVERABILITY; WAIVER. These terms relate to contract interpretation. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

18. UNITED STATES USE ONLY. This term defines the territory intended for this Site and Services. The Site is controlled and operated by Company from its offices in the United States. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than the United States. Those who choose to access the Site, and/or the Service from locations outside the United States act on their own initiative and are responsible for compliance with applicable local laws.

19. MODIFICATIONS. This term relates to modifications of this Agreement. Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

20. ENTIRE AGREEMENT. This term means that we agree to what is written in this Terms of Use. This Terms of Use, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Site, the Software and the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Site, the Software and/or the Service. In the event that a reference to any licensing agreement or other agreements incorporated in this Terms of Use conflict, priority shall be given in the following order of priority where necessary: Privacy Policy and this Terms of Use Agreement.

21. ACKNOWLEDGEMENT. This term means that we can accept your use of the Site as an acknowledgement that you have read and agreed to these terms of use. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.