Welcome to Pen Pinery ("we", "us", "our", or "Pen Pinery"). These Terms and Conditions ("Terms") govern your use of the website and services provided by Pen Pinery at https://penpinery.com ("Website"). By accessing or using the Website, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use the Website.
1. User Conduct and Content
1.1. Acceptable Use: Users of Pen Pinery are allowed to upload information/files regarding their books, author names (or aliases), write blog posts, and leave reviews for other users' content.
1.2. Content Guidelines: Users are required to keep their content civil and respectful. Content that violates our guidelines, including but not limited to content that promotes hate, discrimination, violence, or is offensive in nature, will be removed.
1.3. Amazon Kindle Rule: Users must adhere to the principle that content posted on Pen Pinery, including book covers, book descriptions, book titles, tags, and promotional material, should be suitable for sale on Amazon Kindle. If your content is not suitable for sale on Amazon Kindle, please refrain from posting it on Pen Pinery.
2. User Accounts
2.1. Account Creation: To access certain features of the Website, you may need to create an account. You are responsible for maintaining the confidentiality of your account information and are fully responsible for all activities that occur under your account.
2.2. Accuracy of Information: You agree to provide accurate, current, and complete information during the account creation process and to update such information to keep it accurate, current, and complete.
3. Intellectual Property
3.1. Ownership: You retain ownership of the content you post on Pen Pinery. By posting content, you grant Pen Pinery a non-exclusive, worldwide, royalty-free license to use, display, reproduce, modify, and distribute your content solely for the purposes of operating, promoting, and improving the Website.
3.2. Prohibition of Pirated Content: Users are strictly prohibited from posting, sharing, or promoting any content that infringes upon the intellectual property rights of others, including pirated or unauthorized copies of books, articles, images, or any other copyrighted material. If you are not the copyright holder of the content you intend to share, you are required to obtain explicit written permission from the copyright holder before posting it on Pen Pinery. We take copyright infringement seriously and will promptly remove any content that violates this prohibition.
3.3. Responsibility for Unauthorized Distribution: Pen Pinery is not responsible for any unauthorized distribution or piracy of an author's content by readers or users. While Pen Pinery takes reasonable steps to protect the distribution of files, we cannot guarantee that unauthorized sharing or distribution will not occur. Users agree to indemnify and hold Pen Pinery harmless from any claims, damages, or legal actions arising from the illegal distribution of ARCs or other content outside the platform.
3.4. Non-Distribution of files: As a user of Pen Pinery, you agree not to distribute, share, or otherwise make available any ARC content provided through the platform outside of Pen Pinery. This includes but is not limited to posting, emailing, or sharing provided files on third-party websites, social media platforms, or file-sharing services. Violation of this term will result in immediate termination of access to the platform and may result in legal action.
3.5. Liability Disclaimer: Pen Pinery makes no representations or warranties regarding the security of the content uploaded or shared on the platform. By using the platform, you acknowledge and agree that Pen Pinery is not responsible for any unauthorized access, loss, or distribution of content by third parties, including but not limited to piracy, hacking, or other illegal activities.
4. Termination
4.1. Termination by Pen Pinery: We reserve the right to terminate or suspend your account and access to the Website at our sole discretion, without prior notice or liability, for any reason, including but not limited to a breach of these Terms.
4.2. Termination by User: You may discontinue your use of the Website at any time.
5. Disclaimer of Warranties
5.1. No Warranty: The Website is provided 'as is' and 'as available,' with no warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
6. Limitation of Liability
6.1. Limitation: Pen Pinery shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, arising from your access to or use of, or inability to access or use, the Website.
7. Changes to the Terms
7.1. Modification: Pen Pinery reserves the right to modify or replace these Terms at any time. We will provide notice of any significant changes on the Website or via email.
8. Governing Law
8.1. Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of North Carolina, United States, without regard to its conflict of law principles.
9. Payments and Refunds
9.1. Payment Processing: All payments made on Pen Pinery are processed securely through Stripe. By using Pen Pinery, you agree to Stripe's Terms of Service and Privacy Policy.
9.2. Refunds: All refund requests are handled directly through Stripe's platform. Pen Pinery does not process refunds or manage payment disputes. Users must contact Stripe to initiate and resolve refund requests.
9.3. Refunds and ARC Campaigns: If a user requests a refund after purchasing ARC credits and an ARC campaign has already been started, the campaign will be deleted immediately, and no refund will be issued for the credits used. If a refund is requested and no ARC campaign has been started (i.e., no ARC credits have been used), the refunded amount will be deducted from the user's ARC credit balance. Pen Pinery is not liable for lost data due to deleted ARC campaigns resulting from refunds or other payment processing reasons.
9.4. Stripe's Role: Pen Pinery is not responsible for payment processing errors, disputes, or delays caused by Stripe. Any issues related to payments or refunds must be resolved through Stripe's customer support.
9.5. No Retroactive Refunds: Refunds will not be issued for payments made prior to changes in pricing, promotions, or subscription terms. Users are responsible for reviewing the terms at the time of purchase.
9.6. Chargebacks and Fraudulent Claims: If a user initiates a chargeback or files a fraudulent claim for a payment made on Pen Pinery, their account may be suspended or terminated at Pen Pinery's sole discretion. Any ARC campaigns associated with the account will be deleted, and ARC credits will be forfeited.
9.7. Non-Transferability of Credits: ARC credits purchased on Pen Pinery are non-transferable and cannot be resold, exchanged, or transferred to another user. Refunds are applicable only to the original purchaser's account.
9.8. Currency and Taxes: All payments are processed in the currency displayed at checkout. Users are responsible for any applicable taxes, currency conversion fees, or additional charges imposed by their financial institution.
By using Pen Pinery, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you have any questions or concerns, please contact us at [[email protected]].
Last updated: January 9th, 2025