Terms of Service

Welcome to Penman International! Penman International is an alliance of Penman Books and Mackie Technologies Private Limited, providing a platform for authors, creators, and users to engage with content and services. The term "Platform" includes the website located at www.penmaninternational.com, along with any associated websites, mobile applications, and other platforms where content is accessed, published, or distributed, owned and operated by Penman International ("Penman International", "Company", "We", "Us"). By accessing our Platform through the website, mobile app, or using any other Penman International product or service, you agree to be bound by these Terms of Service ("Terms") and any other applicable policies governing its relationship with its users ("Users", "You").

Please read these Terms and any other applicable documents carefully before using the Platform. While we will make reasonable efforts to inform you of any changes to these Terms, it is your responsibility to check this page for the most up-to-date version of the Terms. We reserve the right to amend or modify these terms at our sole discretion without prior notification to you.

These Terms constitute a legally binding agreement between you and Penman International.

1. Acceptance of Terms

By continuing to access our Platform, you acknowledge and agree that you are over the age of 13 as of the date of accessing the Platform and that you agree to these Terms. If you are under the age of 13, please do not use the Platform without appropriate parental supervision. No part of our Platform is designed or intended for unsupervised Users under the age of 13. Parents and guardians are encouraged to monitor the internet usage of their wards, including access to the Platform. If we determine that a User is under the age of 13 (regardless of parental approval), we may, at our sole discretion, terminate their account, along with any personal user data that we might have gathered, as soon as is commercially reasonable. If you are accessing the Platform on behalf of a legal entity (such as a business), the entity accepts these Terms. The entity agrees to indemnify Penman International and its employees, directors, and affiliates from any suits, claims, legal proceedings, or actions arising out of or in connection with your/its use of the Platform, including but not limited to costs incurred in respect of claims, damages, losses, and attorney fees.

2. User Account

We reserve the right to require you to create a User Account to access parts or all of the Platform. You are responsible for all activities that take place on your account and for ensuring that your login details remain confidential. If you share access to your account, any person accessing the Platform through your account is also bound by these Terms. We do not accept any liability for any losses that you may incur as a result of unauthorized access to your account. You may, however, be liable for any losses that Penman International incurs as a result of such unauthorized access. You agree to provide us accurate and complete information when creating your account with us. You may never use another person’s user account or registration information without permission. You must notify us immediately of any change in your ability to use the Platform, breach of security, or any unauthorized use of your account. Your access to the Platform or certain parts of it, including the kind of content you can post, is subject to the nature of the User Account that you create. We reserve the right to delete, suspend, or remove access to your account, at our sole discretion, including for your non-compliance with these Terms. You may delete your account with us at any time. When you delete your account with us, we will process any data you have provided us previously in accordance with our Privacy Policy.

3. Content

You may submit content to the Platform, including but not limited to comments, text, or other multimedia, provided that such content is in line with these Terms and our Community Guidelines, as updated from time to time. Notwithstanding anything else in these Terms, you are solely responsible for any and all content you submit onto the Platform, including any and all risks related to its publication and display, including someone else’s reliance on its accuracy and any claims relating to intellectual property or other legal rights. If you are an author commissioned to provide content by Penman International (“Works”), you accept and acknowledge that all copyright in such Works commissioned by Penman International vests with Penman International, as per the terms of the Publishing Agreement executed by you earlier. Ownership of any Works created under any agreement with Penman International other than these Terms shall be determined according to the provisions of the Agreement under which it was created. You acknowledge and agree that any content you submit onto our Platform will not violate the intellectual property or other rights of any third party. You further acknowledge and agree that any content you submit onto our Platform is either owned by you or you have the necessary licenses to do so (including to grant sublicenses), and that all content submitted to the Platform (including the Works of Penman International-commissioned authors) is original and free from plagiarism. We do not review content for plagiarism and therefore will not be held liable if any content posted is in violation of any third-party’s rights. We reserve the right to pursue legal action as best advised against any users who submit plagiarized or infringing content. Subject to the provisions of Clause 3(b) above, Penman International makes no claim to the rights in copyright of any content submitted by you. However, in order to facilitate the use of the Platform, you hereby grant Penman International a non-exclusive, worldwide, royalty-free license to use your content for the purposes of digital publication on the Platform, as accessed through any means, whether yet invented or not. The Platform may contain links or embedded material to third party content, including, without limitation, other websites and third-party services, for various purposes relating to Penman International’s maintenance and provision of the Platform. Links to any third-party content do not mean that we endorse or agree with it, and we are not responsible for the accuracy or quality of services provided thereon. We may enable advertising on the Platform in order to help us run the Platform. We may also use content submitted on the Platform for marketing/promotional purposes. We do not validate or endorse any content submitted onto the Platform and disclaim any and all liabilities arising out of or in connection therewith. We do not allow the infringement of copyright on the Platform and will remove any content that we deem to be in infringement of a third-party’s rights.

4. Intellectual Property

All rights, titles, and interests in and to the Platform are owned, licensed, or otherwise controlled by Penman International. This includes, without limitation, the Platform’s look and feel, source and object code, visual design elements, trademarks (whether registered or not), and any other works protectable under intellectual property or other applicable laws. We do not own your content and make no claims to the rights in copyright therein, notwithstanding the provisions of Section 3(b) and the license granted to us by virtue of Section 3(d) above. By agreeing to these Terms and subject to your compliance thereof, Penman International grants you a non-exclusive, non-sublicensable, non-transferable license to the rights in the Platform for the sole purpose of accessing the Platform and the content thereon. Nothing in these Terms shall, without the express written consent of Penman International, be deemed to transfer or grant any rights in or to the Platform not expressly granted herein. Any rights not expressly granted herein are reserved by Penman International.

5. Code of Conduct

You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the Platform. You agree to use the Platform only for purposes that are legal, proper, and in accordance with these Terms and any applicable laws and regulations in your local jurisdiction. Without limiting the generality of the foregoing, you agree that you shall not:

(a) access the Platform if you are under the age of 13;

(b) use the Platform to harm, abuse, harass, stalk, threaten, or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;

(d) use the Platform for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms or any other rules or policies established from time to time by Penman International;

(e) use the Platform to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk email or repetitive messages (spam);

(f) use the Platform to publish, post, distribute, or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or information;

(g) use the Platform to upload, post, or transmit any Content that violates any third-party rights, including copyright, trademark, privacy, publicity, or other personal or proprietary rights;

(h) use the Platform to upload, post, or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, or racially, ethnically, or otherwise objectionable;

(i) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

(j) attempt to gain unauthorized access to the Platform, other User accounts, or other computer systems or networks connected to the Platform through hacking, password mining, or any other means;

(k) modify, adapt, or hack the Platform or modify another website or service so as to falsely imply that it is associated with the Platform;

(l) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Platform, use of the Platform, or access to the Platform without the express written permission of Penman International;

(m) violate any applicable laws, rules, or regulations in connection with your access to or use of the Platform;

(n) remove any copyright, trademark, or other proprietary rights notice from the Platform or Content; or

(o) interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies, or regulations of networks connected to the Platform.

6. Termination

You agree that Penman International, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have on the Platform or your access to the Platform (or any part thereof), at any time. Penman International may also remove and discard all or any part of your account or any content uploaded by you. Penman International shall not be liable to you or any third party for any such termination, removal, or disabling of your access to the Platform. You can deactivate your account with us at any time by contacting us at [insert contact information].

7. Disclaimer of Warranties

You acknowledge and agree that the Platform is provided "as is" and "as available," without warranties of any kind, whether express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement. Penman International does not warrant that the Platform will be uninterrupted or error-free or that defects will be corrected. Penman International makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the content on the Platform or about the results to be obtained from using the Platform or the content therein. Use of the Platform and the content is at your own risk. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

8. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Penman International, its affiliates, directors, employees, agents, suppliers, or licensors be liable to you or any third party for any indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profit damages arising from your use of the Platform, even if Penman International has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Penman International's liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Penman International for the services during the term of your use of the Platform.

9. Indemnity

You agree to defend, indemnify, and hold harmless Penman International, its officers, directors, employees,

agents, suppliers, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Platform, including, but not limited to, any use of the Platform's content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Platform.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. You agree to submit to the personal jurisdiction of the courts located in Gautam Buddh Nagar, Uttar Pradesh, India, for the purpose of any legal proceedings arising out of these Terms or your use of the Platform.

11. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

12. Entire Agreement

These Terms, together with any other legal notices or policies published by Penman International on the Platform, shall constitute the entire agreement between you and Penman International concerning your use of the Platform. In the event of any conflict between these Terms and any other document or communication between you and Penman International, these Terms shall prevail.

13. Waiver

The failure of Penman International to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Penman International.

14. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Penman International's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Penman International may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

15. Contact Information

If you have any questions about these Terms or the Platform, please contact us at [email protected].

Thank you for using Penman International!