A few notes on Terms of Service
Thanks so much for choosing to participate in Pen Paws!
By the time you read this message you’ve already registered, and you are patiently waiting for your postcards to arrive.
Before you are connected with your fellow Pen Paws around the globe, we’d like to go over a few ground rules so that we’re all on the same page
You must be 18 or older to participate
It’s up to you to ensure that you’ll be allowed to participate in Pen Paws in your country.
You will receive the names and addresses of up to five other people. These must be kept confidential since this is personal information. You agree to not disclose or share the personal information of other participants under any circumstance.
After you mail away the holiday cards we’ve sent you, you must delete the names, addresses, and email addresses of the recipients from your own harddrive and/or email storage (and/or any server where you have stored them). You are also not permitted to store these names and addresses anywhere else.
By registering in Pen Paws, you are consenting to participate and share your own name, address, and email address so that other participants may send you postcards this holiday season.
You won’t send anything illegal, harmful, or hateful in anyway.
Chillhop is not liable for your actions, or the actions of others who participate. Your participation is entirely at your own risk.
Your participation is subject to the full Terms of Service listed below
TERMS OF SERVICE (TOS)
Welcome to the Pen Paws holiday card exchange, hosted by Chillhop Music B.V. (herein the “Company”). The following Terms of Service (herein the “TOS”) apply between the Company and person who is participating in this event (herein the “Participant(s)”).
DESCRIPTION OF SERVICE
Participant(s) register to send gift cards and to receive gift cards from other Participants in the Pen Paws holiday gift card exchange program. Participant(s) have opted-in to supply Personal Information in order to participate and all Participant(s) are bound to the terms and conditions outlined in this TOS.
AGE RESTRICTION AND LOCAL LAW
Participant(s) may only register if they are 18 and over and if Pen Paws is also deemed permissible and lawful within the Participant(s) local jurisdiction.
PARTICIPANT WARRANTIES
Participant(s) warrant and agree that they participate in Pen Paws at their own risk, and, as a result, the Company shall not be held liable for any/all actions which result from the Participant(s) involvement in connection with Pen Paws. Participant(s) are solely responsible for shipping and receiving their own holiday cards within the Pen Paws program, and the company shall not be deemed responsible or liable in any case for cards which are not sent or received by Participant(s).
PROHIBITED CARD EXCHANGE MATERIALS
All Participant(s) agree that they will not send any materials which are illicit or unlawful to other Participant(s) in connection with the Pen Paws holiday card exchange. By way of example only, and without limitation, these items may include: unauthorized or unlicensed copies of intellectual property such as music, tv shows, films, or other media; harmful substances; illegal or hazardous drugs; weapons; materials of any type which are threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another person’s privacy; materials which are hateful, prejudiced, or insulting to the identities of others; materials which promote or train others to engage in illegal activities; materials which promote physical harm or injury against person(s) or individuals; materials which promote animal cruelty; materials which encourage violence, or train others to assemble or use weapons of any type; or materials which provide methods or instruction for bypassing network or personal security features in connection with the Company or any other third party
OPT-IN
All Participant(s) in Pen Paws hereby acknowledge and agree that any/all Personal Information collected in connection with the Pen Paws holiday event was given to Company on a strictly voluntary and optional basis. Participant(s) also acknowledge and agree that they have manually opted-in and confirmed their interest to participate in Pen Paws and that the Company acquired any/all Personal Information in a manner which is compliant with GDPR privacy guidelines (available under the section labelled “Definitions” below).
PRIVACY
Participant(s) who are also a Receiving Party shall not contact, make available, or use any Personal Information received during the course of Pen Paws for any purpose other than to send (via physical mail/post) a maximum of five (5) Holiday Greeting Cards to five (5) discrete Participants. Once these Holiday Greeting Cards have been sent, within three (3) business days the Receiving Party must promptly delete all Personal Information of other Participant(s) from harddrives, cloud storage, or any server which they have access to. Any such Personal Information which a Receiving Party has stored in a physical format must also be destroyed within three (3) business days.
Any Receiving Party of such Personal Information who has been deemed to misuse it in any way will remain solely liable for this misuse and may be prosecuted according to the laws of the residing jurisdiction within the territory of the Receiving Party, as well as the Participant(s)’ local jurisdiction, and the Netherlands. Any such misuse by a Receiving Party shall be deemed a material breach of the Terms of Service described herein, and the Receiving Party shall be removed from Pen Paws and consequently barred from participating in any future Pen Paws event held by Company.
SEVERABILITY
In the event any provision or part of this Terms of Service agreement is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Agreement, will be inoperative. If at any point the Company does not enforce any provisions of this Agreement, that is not to be taken as a waiver of the Company’s right to enforce those provisions in the future.
NOTICES, MODIFICATIONS TO THE SERVICE
In its sole discretion, the Company may change this TOS at any time. In the event of any material or substantial change to this TOS or the Pen Paws service, the Company will notify you via e-mail or by posting an announcement on the Company website. Continued use of the Pen Paws service after this occurs constitutes your acknowledgement and acceptance of the changes.
INDEMNIFICATION, LIMITATIONS ON LIABILITY, CHOICE OF LAW
By registering in Pen Paws, all Participant(s) indemnify and hold harmless the Company against the actions of Participant(s) in any event arising from their participation, including without limitation legal proceedings, court action, and/or any criminal or civil charges. Any breach of the Terms of Service described herein by a Receiving Party and/or Participant(s) shall cause the breaching party to be removed from Pen Paws, as well as any/all of the Company’s additional services.
Under no circumstance shall the Company be held liable for any damages or losses resulting from the Participant’s registration in Pen Paws. This includes, without limitation and irrespective of the Company’s prior knowledge, any direct, indirect, incidental, special, or consequential damages; the loss of data, profits, or other intangible assets; losses resulting from unauthorized used of Participant(s) accounts; or any other loss not listed herein.
Any Participant deemed to be in breach of these Terms of Service may be prosecuted according to the laws of the residing jurisdiction of the Receiving Party, as well as the Participant(s)’ local jurisdiction, and the Netherlands.
Definitions
- “Company” Chillhop Music B.V.
- “GDPR” General Data Protection Regulation; https://gdpr-info.eu/
- “Holiday Greeting Cards” The cards/post cards issued by Company in connection with Pen Paws.
- “Participant(s)” Anyone who participates in Pen Paws.
- “Personal Information” This may include without limitation names, addresses, zip/postal Codes, email addresses or other personal information provided by Participants
- “Pen Paws” The name of the card exchange event
- “Receiving Party” Any person who receives Personal Information during the course of Pen Paws
- “TOS” Terms of Service