TERMS AND CONDITIONS
All non user generated content on Pencake.com is the property of pencake.com and is subject to © Copyright laws.
1. INTRODUCTION
Please read these Terms and Conditions ("Terms") carefully. They contain the legal terms and conditions
that govern your use of services provided to you by Pencake. When you create an account at Pencake Ecard, you accept
these Terms and Conditions.
2. CREATING ECARDS IN PENCAKE
No pornography, nudity, profanity, excessive violence, racism or copyright violations are to be submitted as
drawings. Submitting ecard drawings that do not meet our terms is a violation of our Terms and Pencake shall not be
held responsible for your violations. When creating ecard drawings based on someone else's content on our
website, these are classed as derivatives which mean you shall not claim ownership and shall not resell this content
in any way.
By creating ecard drawings to our website, these drawings are viewable by the public and at times users may take screenshots or feature your artwork on other websites for the purpose of showcasing your work. You agree to such activity as long as others do not claim the work is their own and they do not use screenshots of your work for profit or any other use other than showcasing your original ecard drawing on Pencake.
When creating derivative art, please post information on the original artist's work in your description and never create derivative art if you are unsure you meet the original artist's copyright laws. Reported offenders of our drawing terms and rules will have their drawings removed and may be banned. Users may report drawings that do not meet our site rules via our email.
Offenders may also be banned from our website. We do not allow drawings to be submitted that are created using third party software or any other means that allows a user to gain an unfair advantage over other users.
Pencake reserves the right to ban any user that for any reason that they deem unfair, inappropriate, unfriendly or
involves questionable behavior that indicates unsafe to the operations of our website. Pencake does it's best to
backup data, but we make no guarantee and take no responsibility against data or drawing loss associated with any
account. If users wish to backup their drawings, it is recommended they take screenshots for their own records.
3. ANTI-SPAM AGREEMENT
Pencake will not use your email address for anything other than monthly communications about this website and we
agree to not sell or rent your email address to any third parties.
4. OWNERSHIP OF ECARD
Ecard drawings are c Copyright their respective artists unless otherwise stated by the artist. You may not claim ownership or copyright to any drawings that are derivatives of other users' artwork and may not claim ownership to any artwork that violates any copyright laws.
By submitting an original ecard drawing you maintain ownership of your own drawing and as the artist, may resell, or reproduce your drawing in any way. Pencake will not take royalties of your work. By posting ecard drawings on Pencake, you give us permission to use these ecard drawings in any form on Pencake.com. By submitting an ecard drawing to Pencake, you are giving Pencake permission to reproduce this drawing on digital or print media for marketing Pencake only. Pencake may reproduce your drawings without limitation online or in print or video for the purposes of promoting Pencake.com - this can include publishing posters, postcards, books, calendars, online advertising, or any marketing/advertising material.
Pencake reserves the right to profit from these marketing materials but will not create any such materials for profit
unless they are a collection of drawings from users and not of a sole featured artist (such as selling prints of one
drawing only). You may not claim intellectual or exclusive ownership to any of our tools, site features or products,
modified or unmodified. HTML, Flash and data files hosted on our site are owned by the owners of Pencake.com.
5 INDEMNIFICATION AND LIABILITY
You hereby agree to indemnify and hold harmless Pencake.com and its subsidiaries and affiliates, members, and other
owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs,
and expenses insofar as such Losses arise out of or are based on any claim that any element of Content you submit
infringes on any trademark, trade name, service mark, copyright, license, publicity right, privacy right, goodwill,
patent, or other intellectual property or proprietary right of any third party. Pencake.com shall not be liable to
you or any entity for any damages or an loss of revenue, profits arising in connection with any aspect of these
terms.
6. EMBEDDING ECARD DRAWINGS
Pencake.com offer tools to embed drawings into your website or blog. These are the only authorized ways of embedding
ecard drawings on any website other than Pencake.com. Video captures and screenshots of your drawings can be placed
on other websites only if recognition is given to this website via a website link to http://www.pencake.com.
7. UNAUTHORIZED USE
Persons found tampering with ratings in any way deemed unfair by Pencake.com will have their account removed and will
be banned from using this website. Users who are suspected of purposely causing disruption of services, or taking
part in illegal or unethical activity in any way may be banned. Pencake respects all users rights to privacy, however
reserves the right to inspect users accounts to determine their intentions if a user creates reason to suspect such
activity. You may not place any of our products, modified or unmodified, on a diskette, CD, website or any other
medium without written permission. We reserve the right to enforce copyright laws subject to our jurisdiction
enforcing you to remove the content immediately and may pursue legal damage.
8. MODIFICATION OF THESE TERMS AND CONTIDIONS
We reserve the right to amend these Terms from time to time in our sole discretion. The effective date will be posted
at the top of this agreement if any changes are made to the agreement.
9. CONTACT
admin[at]pencake[dot]com