Last revised: Jan 23, 2021
Our goal is to provide a service where you can share content with others as well as discover and enjoy content from others that interests you. The Content you submit, post, or display will be able to be viewed by other users of the Services. You should only provide Content that you are comfortable sharing with others under these Terms.
Terms of Service
These Terms of Service (“Terms”) govern your access to and use of services, software applications, and websites (the “Services”) maintained by National Pen Pal Hotline, LLC (the “Service Provider”, "Typetrigger", “we”, “us”), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms, as well as our Community Guidelines and Privacy Policies. By accessing or using the Services you agree to be bound by these Terms. If you don’t agree with (or cannot comply with) the Terms, then you may not use the Service or access any Content.
In order to use the Service and access any Content, you need to (1) be 18 years or older, or be 13 years or older and have your parent or guardian’s consent to the Agreements, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) reside in the United States.
You (the “User”) are permitted and encouraged to post, submit, or display thoughtful, creative Content. The Content may include ideas, comments, suggestions, reviews, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable; and does not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You also promise that any information that you submit to use for the purpose(s) of registration, subscription, payment, and/or identification, is true, accurate, and complete, and you agree to keep it that way at all times.
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant Typetrigger a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also grant Typetrigger these same rights to use any information submitted as part of your user profile.
The occasion may arise whereby a third party wishes to sublicense for their own use Content that you posted, submitted, or displayed using Typetrigger Services. Typetrigger shall not sublicense to a third party any such Content without first obtaining your prior written consent. Such consent shall only be authorized by you under a separate cover of agreement between you and Typetrigger, the details of which will be specified, discussed and agreed upon at that time.
You represent and warrant that use of the content you supply does not violate this policy or these Terms and will not cause injury to any person or entity; that you own or otherwise control all of the rights to the content that you post; and that you will indemnify Typetrigger for all claims resulting from content that you supply. Typetrigger has the right but not the obligation to monitor and edit or remove any activity or content. Typetrigger assumes no liability and takes no responsibility for any content posted by you or any third party.
The Services provided may also include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Typetrigger on the Services are subject to change. In consideration for Typetrigger granting you access to and use of the Services, you agree that Typetrigger and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
Typetrigger grants you a limited license to access and make personal use of this site, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Typetrigger. This license does not permit any resale or commercial use of this site or its contents; any derivative use of this site or its contents; any downloading or copying of information for the benefit of another business; or any use of data mining, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose whatsoever without the express written consent of Typetrigger. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Typetrigger and our affiliates without express written consent.
You may not use any meta tags or any other "hidden text" utilizing Typetrigger’s name or trademarks without the express written consent of Typetrigger. Any unauthorized use terminates the permission or license granted by Typetrigger. You may not use any Typetrigger logo or other proprietary graphic or trademark as part of the link without express written permission.
Privacy Policy
Information that you provide to Typetrigger is subject to our Privacy Policy, which governs our collection and use of your information. You agree that by using our Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use. We may need to occasionally communicate with you to provide information such as service announcements and administrative messages. These communications are considered part of the Services, which you may not be able to opt-out from receiving.
Restrictions on Content and Use of the Services
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames, without prior notice, at our sole discretion, and without liability to you or anyone else.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Typetrigger, its users and the public.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Typetrigger’s computer systems, or the technical delivery systems of Typetrigger’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) forge or falsify any part of your communications with the Services, including packet headers or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
Disclaimer of Warranties and Limitation of Liability
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY Typetrigger ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Typetrigger MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Typetrigger AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT Typetrigger HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Typetrigger DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Typetrigger DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM Typetrigger ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Typetrigger WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Infringement
We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. Typetrigger will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that Typetrigger has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Typetrigger or through the Services, will create any warranty not expressly made herein.
National Pen Pal Hotline, LLC Rights
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of National Pen Pal Hotline, LLC and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the National Pen Pal Hotline, LLC name or any of the National Pen Pal Hotline, LLC trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Typetrigger, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Copyright Policy
Typetrigger respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. If we find that you have violated our terms of use or community guidelines, we may suspend or permanently delete your account. In the course of deleting problematic accounts, we have no obligation to refund payment.
Use of Cookies
When you access our website, we may place small data files called "cookies" on your computer to store and sometimes track information about you. A cookie can be used to tell when your computer has contacted a website; they can also be used to measure certain traffic patterns, customize content and advertising, measure promotional effectiveness, and promote ease of use by not requiring you to reenter your login name or password during your visit. We may also collect information about your computer or other access device to mitigate risk and for fraud prevention purposes. You may also encounter cookies from advertising service vendors’ websites that we do not control that serve ads into our site. You are free to decline our cookies if your browser permits, but doing so may interfere with your use of our website.
Links
The Services may contain links to third-party websites or resources. Links to such websites or resources do not in any way imply any endorsement by National Pen Pal Hotline, LLC of such websites or resources or the associated content, products, or services available from such websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. You acknowledge that you are solely responsible for and assume all risk arising from your use of any such websites or resources.
Exclusions
There are some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Waiver and Severability
Should Typetrigger refuse or fail to enforce any right or provision of these Terms, such failure or refusal shall not be deemed a waiver of such right or provision. If any provision of these Terms of Service is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Service will remain in full force and effect.
Controlling Law and Jurisdiction
By using the Services, you agree that the laws of the state of Washington, without regard to or application of principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Typetrigger. Any dispute relating in any way to the Services of Typetrigger shall be adjudicated in any state or federal court in King County, Washington, and you consent to exclusive jurisdiction and venue in such courts and waive any objection as to inconvenient forum.
Entire Agreement
These Terms and our Privacy Policy constitute the entire and exclusive agreement between you and Typetrigger regarding the Services, and these Terms supersede and replace any prior agreements between Typetrigger and you regarding the Services.
Changes
We may revise these Terms from time to time. If the revision, in our sole discretion, is material we will notify you, either by notifying you within the Services or via email. By continuing to use the Services after those revisions become effective, you agree to be bound by the revised Terms. If you disagree with any changes in the Terms of Service and do not wish to be subject to the revised terms, you will need to close your account and/or stop using the Services.