Terms of Use – Penlab

Terms of Use

PENLAB TERMS OF USE

Welcome to Penlab!

These Terms govern your use and access of the Penlab Application and Penlab Website ( collectively “Penlab”), including the communications, features, content, and services of the platforms (“Penlab Service”), except where we expressly state that a different set of terms apply.

Although we tried to make the Terms reader-friendly, there are still parts that may read like a traditional contract. We believe this is necessary and unavoidable since these Terms actually form a legally binding contract between you and Penlab. Please read these Terms carefully.

We amend these Terms from time to time, for instance when we update the features and functions of the Penlab Service. We will use reasonable efforts to inform you of any important changes to these Terms. For example, we can put a notice on the Penlab website / Penlab App or send you an email.

In case there will be changes in the Terms of Use, we will update the “Last Updated” date at the top of the Terms. Please note that this is also the date when the updated Terms become effective (“Effective Date”). You should also look at the Terms regularly to check if there are changes in the Terms of Use.

Your continued use of the Penlab Service after the Effective Date means that you accepted the revised Terms. If you do not agree to the revised Terms, you must stop using the Penlab Service.

Penlab is an online platform where comics creators can upload Pinoy comics. Penlab is operated by Kumumedia International Pte. Ltd. If you have questions, you can contact support@penlab.ink

Who Can Use the Service

In order to use the Penlab Service, you must be of legal age and you must be allowed by law to enter into a contract with us. If you are using the Penlab Service on behalf of a business, group, or company, you must be authorized to agree to these Terms on behalf of the business, group or company.

If you are below the legal age, you may only use Penlab with the consent of your parent or legal guardian. Please be sure that your parent or legal guardian has reviewed and discussed these Terms with you.You must also secure the agreement of your parent or legal guardian to be responsible for all of your actions on Penlab and their consequences.

By using the Penlab Service, you confirm that you accept and you will follow the Terms, Privacy Policy, and other guidelines, policies or instructions in connection with your use of the Penlab Service (“Additional Policies”). These Additional Policies can be found on this website and/or Penlab App. We may change these Additional Policies from time to time and your continued use of the Penlab Service means that you accept these changes.

You also agree that we may change or remove any feature or function of the Penlab Service. Some features or functions of the Penlab Service may not be available in some territories or on certain devices.

We may report any activity we suspect to be in violation of any law or regulations to the appropriate authorities and to cooperate with such authority.

The Rights We Grant You When You Use Penlab

We grant you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Penlab Service.

You are not allowed to copy, change, distribute, sell, or lease any part of the Penlab Service. You are also not allowed to reverse engineer or attempt to extract the source code of any of the software that we are using on the Penlab Service.

The Rights You Grant Us

When you post your Contribution on Penlab, you continue to be the owner of your Contribution. Penlab will not sell your Content to third parties unless you give us permission to do so. However, you are granting us and our affiliates the following rights:

                  1.An ongoing, non-exclusive, worldwide, royalty-free right to host, store, use, copy, display, publish, and distribute your Contribution on Penlab until you request us to remove your Contribution from Penlab, including without limitation the right to use your Contribution in promotion and marketing activities.

                  2.An ongoing, non-exclusive, worldwide, royalty-free right to host, store, use, copy, display, rpublish, your name, voice, likeness, and/or biographical characteristics contained in or provided with your Contribution to use inthe promotion, advertising, marketing, merchandising, publicity of Penlab.


TERMS FOR POSTING OF CONTENT

Your Contribution

Before posting your Contribution on Penlab, please ensure that you read the Content Guidelines and the content you are posting comply with these guidelines. Any Contribution that does not comply with these guidelines may be removed immediately.

You also understand that when you make available the Contribution on Penlab, your Contribution may be viewed by other users of Penlab.

We have the sole discretion on how we will promote your Contribution.We make no commitments regarding the success of your Contribution. You understand that other users of Penlab may not react to your Contribution in the way hoped or intended and that Penlab has no responsibility for any commentary or reactions made by others.

You are solely responsible for your Contribution. As such, you agree that you will not take any legal action against us and you will release us (and our directors, officers, employees, and contractors) and hold us harmless from any claims, damages, liability or responsibility in connection with your Contribution.

We have the right but not the obligation to monitor, limit access to, pre-screen or delete your Contribution at any time and for any reason, without notice. We may investigate any alleged violation of the Terms or the Additional Policies and take the necessary action.

We also have the right to remove, block or manage access to any Contribution that is excessive in size or burdensome to the system of Penlab.

You represent and warrant that your Contribution and our right to use the Contribution will not violate or infringe the rights of other persons, including their intellectual property rights. You also warrant that you are the creator and owner of the Contribution or you have the right to distribute the Contribution on the Penlab Service and to grant us the rights provided in these Terms.

Copyright Infringement Report

In case you believe that your intellectual property right has been infringed, you may contact the alleged infringing party directly in order to discuss your concerns. You may also file a Copyright Infringement Report with us to request the removal of the alleged infringing content from the Penlab Service. Please contact us by sending an email to support@penlab.ph. Please provide the following information in your email:

  1. Your full name
  2. Your physical address
  3. Your phone number
  4. Whether you are the copyright owner or someone authorized to report on their behalf. Please note that if you are not the copyright owner or you are not authorized to report the infringement, we won’t be able to process the report.
  5. A copy of a certificate, license agreement and/or other materials to prove you are the copyright owner. If you are authorized to file the report, please also provide a power of attorney.
  6. Please provide a description of the infringing material. You can provide us screenshots or URL link.
  7. Please provide to us a complete description of the copyrighted work that you believe was infringed.
  8. Please provide additional materials or information that can support your report.
In addition to the foregoing, please confirm the following in your email:

  1. You in good faith believe that the reported use of the material is not authorized by the copyright owner or by law.
  2. You are the copyright owner or you are authorized to file the report.
  3. All the information that you submitted are accurate to the best of your knowledge
  4. All the information that you submitted may be forwarded to the alleged infringer.

Please be aware that intentionally submitting a misleading or inaccurate report may lead to liabilities under applicable laws.

We will review the Copyright Infringement Report you submitted and coordinate with the alleged infringer. We will promptly inform you about our decision. If we find that your report has basis, we will take down the material that is the subject of your report.

We sometimes come across websites or other platforms that have illegally taken and used Contribution from Penlab. By using Penlab, you give us legal permission to act as your agent to issue take down notices under the Digital Millenium Copyright Act (DMCA) and/or any other similar legislation that allows for the submission of requests to Internet service providers and any other person involved in the illegal posting for the removal of infringing or allegedly infringing copyright materials that are contained in or displayed on such service providers platforms and/or services.

Privacy

Your privacy matters to us. Our Privacy Policy explains how we collect and use your personal data and how we handle your information when you use our Service. You can read more about our Privacy Policy here.

Limitation of Liability

The Penlab Service (including the service, the platform, and the content) are provided on an “as is” and “as available” basis. All data and/or information contained in the Penlab Service are provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third-party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with the Penlab Service. Without prejudice to the generality of the foregoing, we do not warrant:

(a) the accuracy, timeliness, adequacy, commercial value, or completeness of all data and/or information contained in the Penlab Service;

(b) that the Penlab Service will be provided uninterrupted, secure, or free from errors or omissions, or that any identified defect will be corrected;

(c) that the Penlab Service are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and

(d) the security of any information transmitted by you or to you through the Penlab Service, and you accept the risk that any information transmitted or received through the Penlab Service may be accessed by unauthorized third parties and/or disclosed by us or our officers, employees, or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to Internet traffic, or incorrect data transmission due to the public nature of the Internet.

We shall not be liable to you for any losses whatsoever or howsoever caused and regardless of the form of action arising directly or indirectly in connection with:

(a) any access, use, and/or inability to use the Penlab Service;

(b) reliance on any data or information made available through the Penlab Service. You should not act on such data or information without first independently verifying its contents;

(c) any system, server, or connection failure, error, omission, interruption, delay in transmission, computer virus, or other malicious, destructive, or corrupting code, agent program, or macros; and

(d) any use of or access to any other website or webpage linked to the platform, even if we or our officers, directors, agents, or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.

Any risk of misunderstanding, error, damage, expense, or losses resulting from the use of the Penlab Service is entirely at your own risk and we shall not be liable therefore.

Third-Party Web Platforms and Content

For your convenience, we may include hyperlinks to other web platforms (“Third-Party Web Platforms”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content on the Internet that are owned or operated by third parties (“Third-Party Content”). Such Third-Party Web Platforms and Third-Party Content are not investigated, monitored, or controlled by us, or checked for accuracy, appropriateness, or completeness by us ,and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy, or any other objectionable material contained in the Third-Party Content, or the consequences of accessing any Third-Party Web Platform. Any hyperlinks to Third-Party Web Platforms or Third-Party Content are not an endorsement or verification of such web platforms or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.

You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Web Platform to which you navigate. Any purchases you make through Third-Party Web Platforms are through other web platforms and from other companies not associated with us, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Web Platforms and you shall hold us harmless from any damages caused by your purchase of such products or services. Additionally, you shall hold us harmless from any Losses sustained by you or damage caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Web Platforms.

Intellectual Property Rights

We own or have the rights to the Penlab Service and all the trademarks pertaining to the Penlab Service.

Please do not use or change, adapt or use the Penlab logo or trademark without express permission. Please do not use the Penlab logo or trademark in a way that might suggest that Penlab endorses a particular product or service.

US Sanctions and Export Policy

You agree to comply with all applicable economic and financial sanctions and trade embargoes, including those administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”) or the U.S. Department of State (“Sanctions”). Without limiting the foregoing, you represent, warrant and undertake that:

(a) Neither you nor any of your officers, directors, shareholders, nor to your knowledge, any of your employees, agents, or representatives is a person (i) whose property or interest in property is blocked by any Sanctions, (ii) operating, organized, or resident in a country or territory that is the target of comprehensive Sanctions (“Sanctioned Countries”), or (iii) is owned or controlled by any such person falling under (i) or (ii) (collectively, “Sanctioned Persons”);

(b) You shall not, in connection with its activities involving Penlab or these Terms, export, re-export, ship, sell, supply, deliver, or otherwise transfer any product, equipment, technology, or software to or from, or through – either directly or indirectly – a Sanctioned Country or through a Sanctioned Person, which may cause Penlab to violate any Sanction laws.

By using the Penlab Service, you warrant that you neither reside nor will use the Penlab Service while you are in Iran, Venezuela, Syria, Cuba, North Korea and the Crimean Region of Ukraine. We will not make the Penlab Service available in these territories unless further notice. If you discover that the Penlab Service is available in any of these territories, please report to us at support@penlab.ph.

Compliance with Anti-Bribery and Corruption Laws

We are committed to conducting business transparently, honestly and with integrity. We comply with and conduct our business in accordance with applicable Anti-Bribery and Corruption laws in every jurisdiction where it operates or otherwise has a presence.

Termination

These Terms of Use shall remain in full force and effect while you use the Penlab Service. Without limiting any other provision of these Terms of Use, we reserve the right to, in our sole and absolute discretion and without notice or liability, deny access to and use of the Penlab Service (including blocking certain IP addresses) to any person for any reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Use or of any applicable law or regulation. We may terminate your use or participation in the Penlab Service or delete your account and any content or information that you posted at any time, without warning, in our sole and absolute discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of said third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including but not limited to pursuing civil, criminal, and injunctive redress.

In our sole and absolute discretion, we may with immediate effect, upon giving you notice, terminate your use of the PenService and/or disable your username and password. We may bar access to the Penlab Service or any part thereof for any reason whatsoever, including a breach of any of these Terms of Use or if we believe that you have violated or acted inconsistently with any of the terms or conditions set out herein, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing the Penlab Services.

Notices

All notices or other communications given to you if:

(a) communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast; or

(b) sent by post or left at your last known address, which shall be deemed to be received by you on the day following such posting or on the day when it was left.

You may only give notice to us in writing sent to our designated address or email address, and we shall be deemed to have received such notice only upon receipt. While we endeavor to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.

We may from time to time designate other acceptable modes of giving notices, including but not limited to email or other forms of electronic communication, and the time or event by which such notice shall be deemed given.

General

Unless otherwise provided, all rights and remedies existing under these Terms of Use are cumulative and are without prejudice and in addition to any other rights or remedies to which we are entitled under applicable law.

No waiver: No failure or delay on the part of Penlab in the exercise of any power or right under these Terms of Use shall operate as a waiver thereof, nor as an acquiescence in any default, nor shall any single or exercise thereof preclude any other or further exercise or any other power or right.

Severability: If at any time any provision of these Terms of Use is or shall become illegal, invalid, or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these terms and conditions shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid, or unenforceable provision was severed from these Terms of Use.

Rights of third parties: A person or entity who is not a party to these Terms of Use shall have no right under any legislation in any jurisdiction to enforce any term of these Terms of Use, regardless of whether such person or entity has been identified by name, as a member of a class, or as answering a particular description.

Electronic Communications, transactions, and signatures: Visiting the Penlab app or website, sending us emails, and completing online forms constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Penlab Service, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Penlab Service. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Indemnification: You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Penlab Service; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Penlab Service with whom you connected via the Penlab Service. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Governing law: Use of the Penlab Services and these Terms of Use shall be governed by and construed in accordance with Singapore laws.

If any dispute arises in connection with these Terms of Use, the parties shall attempt, in fair dealing and in good faith, to settle such dispute. If the parties are not able to reach an amicable settlement pursuant to the preceding section, they shall try to agree on an appropriate ADR proceeding (i.e. mediation, conciliation, expert determination, dispute board, adjudication). If they do not reach agreement on the appropriate ADR proceeding within fourteen (14) days after failure of the settlement negotiations or if the dispute is not settled through an ADR proceeding within a period of two (2) months after initiation of the ADR preceding, each party may initiate an arbitration proceeding pursuant to the following paragraph.

Nothing in this Terms of Use shall limit the right of Penlab to seek redress through the judicial courts.

Injunctive relief: We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.

Amendments: We may by notice through the Penlab Service or by such other method of notification as we may designate (which may include notification by way of email), modify the terms and conditions of these Terms of Use, and such amendments shall be deemed to take effect on the date we specify through the above mentioned means. If you use the Penlab Service after such date, you are deemed to have accepted such amendments. If you do not accept the amendments, you must stop accessing or using the Penlab Service and terminate these Terms of Use. Our right to modify these Terms of Use in the manner aforesaid may be exercised without the consent of any person or entity who is not a party to these Terms of Use.

Correction of errors: There may be information on the Penlab Service that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Penlab Service at any time, without prior notice and without any liability on our part.

Language: In the event that these Terms of Use are executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms of Use shall govern and shall take precedence over the Foreign Language Version.

Entire agreement: These Terms of Use shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications, and agreements with respect to the subject matter hereof.

Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to or in connection with the Penlab Service shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy, or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.

Sub-contracting and delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Penlab Service and/or Services and reserve the right to use any service providers, sub-contractors, and/or agents on such terms as we deem appropriate.

Assignment: You may not assign your rights under these Terms of Use without our prior written consent. We may assign our rights under these Terms of Use to any third party.

Force Majeure: We shall not be liable for non-performance, error, interruption, or delay in the performance of our obligations under these Terms of Use (or any part thereof) or for any inaccuracy, unreliability, or unsuitability of the Penlab Service’s contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control including but not limited to failures attributable to public utilities, communications and network providers, cloud service providers, and other third party service providers (including but not limited to logistics or payments companies).

Miscellaneous: These Terms of Use operate to the fullest extent permissible by law. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Penlab Service. You agree that these Terms of Use shall not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Interpretation: Any reference in these Terms of Use to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted, or extended at the relevant time. In these Terms of Use, whenever the words “include”, “includes”, or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly” as well as all references to a number of months means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms of Use. In the event of a conflict or inconsistency between any two (2) or more provisions under these Terms of Use, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favor of Penlab and the provision which is more favorable to Penlab shall prevail.