As of January 28, 2019
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).
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.
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.
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: firstname.lastname@example.org.
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.
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.
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.
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.