Terms of Use

Welcome to https://www.penlink.com (the “Website”), an online resource for information, activities, products and services related to PenLink Ltd. and its affiliates (“PenLink”, “We” and “Our”).

Use of the Website

The Company extends to You a limited license to visit, browse, access, and utilize the Website as per these Terms of Use, under the conditions listed below:

You are prohibited from copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, or selling any portion of the Website or the Information (as defined herein) across any medium; You should not alter or modify any section of the Website; You are not allowed to acquire or attempt to acquire any materials or Information through means not purposely made available to you via the Website; You must ensure that your utilization, or any third party’s use via you, of the Website and the Services offered on the Website, does not disrupt, degrade, or negatively impact any software, system, network, or data belonging to the Company, or that of other Website users; You, and anyone gaining access to the Website or the Services through you, must not exploit the Website or its contents to engage in, attempt to engage in, or facilitate the engagement in any criminal activities or other illegal or wrongful acts.

User Account

To access certain features of the Website, you are required to create an account (“Account”). You are not permitted to use anyone else’s Account without their explicit permission. During the account creation process, it’s imperative that you provide information that is both accurate and complete, and this information should be kept up-to-date at all times. You bear full responsibility for all activities conducted through your Account, and it is your duty to maintain the confidentiality of your Account passwords. Should there be any compromise to your Account’s security or if unauthorized use occurs, you must inform the Company immediately. While the Company will not bear the responsibility for losses incurred through unauthorized use of your Account, you could be held accountable for any losses the Company or others experience as a result of such unauthorized usage.

Privacy

The Company prioritizes your privacy protection. As you navigate the Website and proceed to create an Account, you might be requested to disclose personal information. Rest assured, your personal data will be processed according to the Company’s Privacy Statement, which outlines our approach to managing your personal data and safeguarding your privacy during your use of the Services. For a detailed understanding of our practices, you’re encouraged to review the Privacy Statement at https://penlink.com/en/privacy-statement/

In utilizing the Services, you agree to abstain from deploying any automated mechanisms, including but not limited to, “spiders”, “robots, “offline readers,” etc., that interface with the Website in a way that imposes more request messages on the Company’s servers within a specific timeframe than what would be feasible for a human through standard web browsing. However, the Company does allow public search engine operators to employ “spiders” for the sole purpose of generating publicly accessible search indices of the materials, excluding the right to store or archive those materials. This permission is revocable by the Company at any time, for any reason. Furthermore, you are prohibited from collecting or harvesting any personally identifiable information from the Website or any other communication systems the Website offers for any purpose.

Links to Other Sites

The Website may feature links to content hosted on other websites or external sources, which are managed by third parties. We neither control nor oversee these external websites and their content. You might discover that the information and content available on these sites do not meet your needs, or you may disagree with, be bothered by, or deem their content inappropriate, illegal, or offensive. Linking to a specific website does not imply our endorsement or support of its content, nor does it verify its accuracy, trustworthiness, authenticity, reliability, integrity, or legality. We are not responsible or liable for any such third-party websites or content, nor for their accessibility.

Intellectual Property Rights

The Company holds exclusive ownership, rights, and interest in the Website, the Information, and all associated intellectual property (IP), including but not limited to trademarks, service marks, logos, and any other intellectual properties embedded within or related in any way to the Website (“IP”), along with all copies and derivative works thereof. Any rights not explicitly provided here concerning the Website, Information, and/or the IP, are fully retained and reserved by the Company. Your use of the Website, its Services, and/or Information does not, and will not, grant you or any representative of yours any claim or rights to any IP.

The Website and all its contents, such as messages, data, text, music, sounds, graphics, design, drawings, diagrams, illustrations, photographs, icons, images, videos, maps,software, code, and any other materials, as well as the infrastructure utilized to deliver such content and information (“Information”), including any IP within or related to such Information, are protected by copyright laws, international agreements, and other intellectual property rights, all owned, held, or licensed by the Company. It is prohibited to use, copy, replicate, distribute, transmit, display, modify, publish, license, create derivative works from, sell, or otherwise exploit any part of the IP for any purpose. You recognize the Company’s rights in the IP and commit not to commercially use, alter, or modify the IP or any portion thereof.

Disclaimer of Warranties

PenLink offers the website, along with its services and content, on an “as is” and “as available” basis, without the possibility of customization to meet the specific needs of individual users. We explicitly disclaim all warranties and representations, whether express or implied, related to the website, its services, and content, including but not limited to warranties of merchantability, fitness for a particular purpose, quality, non-infringement, title, compatibility, performance, security, or accuracy.

We do not guarantee that the website and its services will function without interruptions or errors, nor do we assure its constant availability or its safety from harmful elements.

By using the website, its services, and included content, you agree and acknowledge that such use is completely, or to the fullest extent allowed by applicable law, at your own risk.

Limitation of Liability

PenLink, along with its officers, directors, shareholders, employees, subcontractors, and agents, shall not be held liable, to the fullest extent allowed by law, for any direct, indirect, special, incidental, or consequential damages, or any other losses, including but not limited to loss of profits and data, costs, expenses, and payments, whether arising through tort, contract, or any other legal theory, resulting from or related to the use or inability to use the website, its content, and the services provided through it, or due to any interactions, communications, transactions, or dealings with others initiated via the platform, or owing to any malfunction, mistake, or failure in the operation of the website and its services, or due to any act or omission by our staff or those acting under our direction, or due to reliance on content displayed on the website, or as a result of any interaction with the website or with other users on or through the website. You acknowledge and accept that the utilization of the website, its content, and any services offered through it, is entirely, or to the greatest extent permitted by applicable law, your own responsibility.

Indemnification

You agree to indemnify, defend, and exonerate the company, its executives, board members, shareholders, employees, subcontractors, representatives, and those acting under their direction, at your own cost and immediately upon receiving written notification from the company, against all liabilities, losses, costs, charges, and expenses, including reasonable attorney’s fees and legal costs, stemming from any complaint, claim, or demand related to your violation of these Terms, or any other applicable terms, policies, or regulations of the Website, its content, and the services provided, or your infringement upon the rights of third parties.

Governing Law

By engaging with our website and services, users agree to adhere to these terms, which specify the jurisdiction’s governing law for any disputes or issues that may arise. The interactions with our website, the utilization of any services offered by the Company, and any disputes or claims that emerge from or relate to them will be governed by and interpreted in accordance with the laws of the jurisdiction where the Company is registered. This is without regard to its conflict of law principles that would result in the application of the laws of any other jurisdiction.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the website shall be instituted exclusively in the federal courts or the courts of the state within US jurisdiction. By using the website, you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

In the event of any dispute arising from the use of the website or services, users are encouraged to contact the Company directly to seek a resolution. The Company aims to resolve any such disputes swiftly and amicably.

Notwithstanding the above, you retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of your or the Company’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

Should any provision of this Governing Law Agreement be deemed invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.

Changes in Website

The Company holds the authority to modify, remove, supplement, or update any content or information on the Website by making periodic updates. You will not have any claims against the Company for any modifications or changes made to the Website and/or the information provided therein. Furthermore, the Company may, at its sole discretion and without any advance notice, restrict your access to the Website, its Services, and/or any information, in whole or in part.

Additionally, the Company has the right, at any given time, to cease the operation of the Website and/or the Services, temporarily or permanently, without issuing prior notice to you or any third party.

Contact Us

For any questions regarding these Terms of Use or the Services on the Website, please contact us via Email: [email protected], and We will do our best to provide a prompt response to your request.

Last Updated: February 2024