PenALetterSmall

Email:

Password:

Forgot
Your Password?

Conditions of Use



Welcome to Pen A Letter.com. Pen A Letter provides website features and other products and services to you when you visit or shop at Pen A Letter.com, use Pen A Letter products or services, use Pen A Letter applications for mobile, or use software provided by Pen A Letter in connection with any of the foregoing (collectively, "Pen A Letter Services"). Pen A Letter provides the Pen A Letter Services subject to the following conditions.

By using Pen A Letter Services, you agree to these conditions. Please read them carefully.

We offer a wide range of Pen A Letter Services, and sometimes additional terms may apply. When you use an Pen A Letter Service (for example, Sending a Physical Letter) you also will be subject to the guidelines, terms and agreements applicable to that Pen A Letter Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

Privacy


Please review our Privacy Notice, which also governs your use of Pen A Letter Services, to understand our practices. You can find that here.

Penning a Letter


By writing a letter on PenALetter, you agree to the terms and conditions for penning letters on PenALetter.com. You can find those here. You also agree to the adult content terms, which you can find here.

Electronic Communications To Others From Email Letter Functionality


If you take advantage of our Email a Letter option, you are liable to follow by the following rules:
You use an email address that currently belongs to you, and the recipient can identify you with. You are not allowed to pretend, or portray yourself as anyone besides who you really are.
The recipient is willing to receive your communications, and you are not soliciting unwanted commercial or other interests. If your email is found out to be spam, or part of some other offense, your account may be revoked, and all relevant data will be sent to the correct authorities to prosecute you to the full extend of the law for the crime.
You know the recipient of the message.

Notifications


Pen A Letter.com reserves the right to always notify users by the included email about important account changes. These include, but are not limited to;
  • Email Changes,
  • Screen Name Changes,
  • Password Changes,
  • and Account Deletion.

Other email notifications can be changed via the email preference page. By signing up with an Account at Pen A Letter.com, each user is consenting to receive these email messages, and cannot opt out of such email notifications without terminating their account, which would result in a final email notification notifying the user of the account termination status.

License and Access


Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Pen A Letter or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Pen A Letter Services. This license does not include any resale or commercial use of any Pen A Letter Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Pen A Letter Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Pen A Letter or its licensors, suppliers, publishers, rightsholders, or other content providers. No Pen A Letter Service, nor any part of any Pen A Letter Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Pen A Letter. 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 Pen A Letter without express written consent. You may not use any meta tags or any other "hidden text" utilizing Pen A Letter's name or trademarks without the express written consent of Pen A Letter. You may not misuse the Pen A Letter Services. You may use the Pen A Letter Services only as permitted by law. The licenses granted by Pen A Letter terminate if you do not comply with these Conditions of Use or any Service Terms.

Your Account


If you use any Pen A Letter Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 13, you may use the Pen A Letter Services only with involvement of a parent or guardian. Pen A Letter reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Reviews, Comments, Communications, and Other Content


Visitors may post reviews, comments, photos, and other content; send letters and other communications; and submit suggestions, ideas, comments, 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, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the poster. Pen A Letter reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Pen A Letter a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Pen A Letter and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Pen A Letter for all claims resulting from content you supply. Pen A Letter has the right but not the obligation to monitor and edit or remove any activity or content. Pen A Letter takes no responsibility and assumes no liability for any content posted by you or any third party.

History


PenALetter.com actively tracks and logs history of all it's users. All letters that a user views, ratings, and other interactions with the site, are tracked within historical logs. Letter history logs are available for viewing by navigating to your preference page (click your screen name from any page on the site), and clicking the history link. You can also view it here. Letters that you have rated are available in the preferences page by clicking on Ratings. A user must have an account in order for the information to be permanently logged on our servers. We do track non-logged in users' history as well, in temporary session files that are stored in the browser while the user has the current window or program open. If a user closes that window, and destroys the session, then the information is never logged on our servers. If the user logs in or creates an account, that information is appended to the user's account history, to better pick future letters that the user might like.

If you would not like your history to be stored on the website, then do not log in, and use your browser from a private mode, or "incognito". This prevents the site from logging the session variables that we use to track one user from another.

We use this information to better serve our customers by providing letters that are of the same or similar categories/authors/keywords that users have viewed and/or rated in the past. This helps us tremendously with tailoring the experience for each user. Many of our users find that if they do not want another user on a shared account to view the content they look at, they can either use the above method, by not logging in, or by creating a separate account. We have no rule against multiple accounts, in fact many users find that they can use different accounts for different interests. If you are at all concerned that your privacy has been violated, or are concerned that we track history, we would love to hear from you at terms@penaletter.com.

Copyright Complaints


Pen A Letter respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please email us at Terms@penaletter.com.

Risk of Loss


The risk of loss and title for all Letters passes to you upon our delivery to the carrier. Pen A Letter is not liable for undelivered letters, the responsibility is between the customer, to fill out the correct address, and the carrier, to deliver the Letter to the above mentioned address. If the address is incorrect, or lacking information for the carrier to deliver, Pen A Letter assumes no liability for undelivered Letters. Letters that are sent through Pen A Letter should be for recreational or entertainment purposes only, and any Letters of what one might consider "High Value", a letter that one would suffer loss from it not arriving at it's destination on time, or at all, it should be sent directly through a carrier of the sender's choosing directly, and not through our site.

Letter Refunds and Re-Send Policy


Pen A Letter does not do refunds. As stated above, the user is responsible for providing a correct address, and the carrier is responsible for delivery of the letter. Once an order has been placed, within 48 hours a Letter is printed and sent for delivery to the carrier. Statuses on the website show the progress of that journey. Once a Letter has been printed, placed in an Envelope and delivered to the carrier, Pen A Letter has fulfilled the portion of the agreement it is responsible for, and is no longer able to accept cancellations/alterations to the contents of the letter and/or the return or shipping address. If a letter does not reach it's destination, and it has been longer than the average amount of time 2 weeks after sending the original letter, email us at resendletter@penaletter.com, with the order id, and we will resend the letter. You may not request an address change, or any other change within the order, as we are not responsible for an incorrect address.

Product Descriptions


Pen A Letter attempts to be as accurate as possible. However, Pen A Letter does not warrant that product descriptions or other content of any Pen A Letter Service is accurate, complete, reliable, current, or error-free. If a product offered by Pen A Letter itself is not as described, your sole remedy is to return it in unused condition.

Pricing for Sending a Physical Letter


Sending a Physical Letter Except where noted otherwise, is clearly listed on the purchase page of the Send a Physical Letter process. Unfortunately, unlike the rest of our site, it is not a free service that we offer. Currently we accept Paypal as our sole method of payment, so all terms and conditions that are applicable through that site are applicable to any and all transactions on our site.


Disclaimer of Warranties and Limitation of Liabillity


THE PEN A LETTER SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PEN A LETTER SERVICES ARE PROVIDED BY PEN A LETTER ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PEN A LETTER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PEN A LETTER SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PEN A LETTER SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PEN A LETTER SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PEN A LETTER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PEN A LETTER DOES NOT WARRANT THAT THE PEN A LETTER SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PEN A LETTER SERVICES, PEN A LETTER'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM PEN A LETTER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PEN A LETTER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PEN A LETTER SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY PEN A LETTER SERVICE, 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.

Disputes


Any dispute or claim relating in any way to your use of any Pen A Letter Service, or to any products or services sold or distributed by Pen A Letter or through Pen A Letter.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a email requesting arbitration and describing your claim to Terms@penaletter.com.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Applicable Law


By using any Pen A Letter Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Pen A Letter.

Site Policies, Modification, and Severabillity


Please review our other policies, such as our privacy policy, posted on this site. These policies also govern your use of Pen A Letter Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.


Additional Pen A Letter Software Terms


You may use Pen A Letter Software solely for purposes of enabling you to use and enjoy the Pen A Letter Services as provided by Pen A Letter, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Pen A Letter Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Pen A Letter Software or otherwise assign any rights to the Pen A Letter Software in whole or in part. You may not use the Pen A Letter Software for any illegal purpose. We may cease providing any Pen A Letter Software and we may terminate your right to use any Pen A Letter Software at any time. Your rights to use the Pen A Letter Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Pen A Letter Software that are specifically identified in related documentation may apply to that Pen A Letter Software (or software incorporated with the Pen A Letter Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Pen A Letter Service is the property of Pen A Letter or its software suppliers and protected by United States and international copyright laws.

Use of Third Party Services.


When you use the Pen A Letter Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

Social Media Interactions


When you use Comment with Facebook, Tweet via Twitter, or any other social media widget on the site, you are interacting with PenALetter.com and an additional website. You must agree to both our Conditions and Use, and any other terms that the other website has between it's own users to use these services. You also acknowledge that any information you post, like on PenALetter, unless explicitly stated by the website, will be public. You are responsible for posting original content (free from copyright), and protecting your personal and others' personal information.

No Reverse Engineering.


You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Pen A Letter Software / Website, whether in whole or in part, or create any derivative works from or of the Pen A Letter Software / Website.

Updates.


In order to keep the Pen A Letter Software / Website up-to-date, we may offer automatic or manual updates at any time and without notice to you.

Last updated: May 31, 2013

If you have any questions about the Conditions of Use, please email Terms@penaletter.com for more details.
Conditions of Use Privacy Notice Copyright What is Penaletter.com? Feedback Site Map