Legal Disclaimer / Terms of Use

PENGLYFE LEGAL DISCLAIMER [Effective as of January 1, 2021]

§ 1 — TERMS OF USE

Welcome to Penglyfe (“We” or “Us”). This is a private and independent project operated with the sole purpose of recreating Disney’s Club Penguin game for educational and user research purposes and is entirely unaffiliated with The Walt Disney Corporation, Disney Interactive, or Club Penguin in any way. By using any of our services, including, but not limited to, our website, applications, and Discord servers, you agree to the terms contained herein, so please read them carefully. WE RESERVE THE RIGHT TO TERMINATE YOUR ACCOUNT FOR FAILURE TO COMPLY WITH THESE TERMS, OUR COMMUNITY RULES, OR FOR ANY OTHER REASON WHATSOEVER. If you do not agree to the terms, you are not entitled to a Penglyfe account and may not use any of our services.

§ 1(1) — Age requirement

You must be eighteen (18) years of age or older to use our services, including, but not limited to, our website, applications, and Discord servers. Any users below the age of eighteen are not permitted to use our services and must leave. By creating a Penglyfe account, you agree that you are at least eighteen years of age.

§ 1(2) — User accounts

Your Penglyfe account may not be sold, licensed, assigned or otherwise transferred and any attempt to do any of the foregoing is void and will result in termination of the account regardless of whether the relevant actions were those of the account holder.

§ 1(3)(a) — User conduct

No user shall engage in any illegal activities including conspiracy, transmission of any explicit material, sexual harassment including online stalking, or anything that would make using Penglyfe and its services unsafe as determined in our sole and absolute discretion. No user shall impersonate any person or entity or misrepresent their identity or affiliation with any person or entity. No user shall transmit communications or content that infringe or violate the rights of any party. All users making use of the Penglyfe and Discord chat functions are solely responsible for communications made using these features and any consequences arising therefrom. Penglyfe is not responsible for posting, delivering, removing, modifying or otherwise taking any action in respect of any communication distributed in such a manner. No user shall mount, assist in mounting, or attempt to mount any form of cyber attack against Penglyfe or a member of the staff team or otherwise do anything to compromise the existence, integrity, or security of either the Discord or Penglyfe game server.

§ 1(3)(b) — User submissions

Any comments, communications, feedback or other ideas in any form whatsoever submitted to us may be used by us without limit or compensation to you. Without limiting the foregoing, this includes original written, illustrated, musical or other artistic works. Users agree that their submissions are not subject to any privilege or confidentiality.

§ 1(4) — Legal responsibility of contributors

No owner, staff member, employee, independent contractor, or other contributor of or to Penglyfe is responsible either in fact or in law for any communications made or content posted using our services and are immune from liability for any direct, indirect, incidental, special or consequential damages including loss of profits, any injuries resulting from use of our Services or detrimental reliance on communications, information, or content posted therein. No owner, staff member, employee, independent contractor, or other contributor of or to Penglyfe is legally responsible for any consequences of server downtime. We cannot control when the server may go down or for how long it will remain down.

§ 1(5) — Intellectual property

Any product names, logos, or brands communicated or received using our services are the intellectual property of their respective owners and are for identification purposes only. The contents of our websites and applications are the sole property of Penglyfe and therefore may not be copied, reproduced, transmitted, distributed, displayed, or modified, in any form whatsoever or by any means whatsoever without prior written permission from Penglyfe.

The reproduction in electronic form any of graphics, animations, music, or other copyrighted ideas or works of Disney Interactive, Disney Online Studios, Club Penguin, or any other entity constitute fair use under § 107 of the Copyright Act of the United States and fair dealing under §§ 29 and 29.1 of the Copyright Act of Canada. The only purposes of all reproductions of copyrighted material by Penglyfe are not commercial, but instead non-profit and primarily educational. According to the Supreme Court of Canada’s judgement in CCH Canadian Ltd. v. Law Society of Upper Canada, 2004 SCC 13, “[u]nder s. 29 of the Copyright Act, fair dealing for the purpose of research or private study does not infringe copyright. ‘Research’ must be given a large and liberal interpretation in order to ensure that users’ rights are not unduly constrained...” Under both United States and Canadian law, fair use and fair dealing, respectively, are determined by weighing a number of factors. In this particular context, Club Penguin no longer exists, any of Penglyfe’s reproductions of original works of authorship associated with Disney and Club Penguin cannot and do not compete with the original works reproduced. In addition, transformative works are considered more likely to constitute fair use or fair dealing, whichever is applicable, and Penglyfe reproduces the original works of authorship associated with Disney and Club Penguin with entirely original features and modifications which do not substitute for the original use of the work as a children’s website. There is no non-copyrighted alternative that could be used as a substitute for the original reproduced work given the educational purpose of Penglyfe. Explicit content is not allowed on Penglyfe.

§ 1(6) — Indemnification

Users shall indemnify Penglyfe, its owners, staff members, and employees from harm against any legal claims or actions including costs arising from or alleged to arise from users’ violation of these terms or any other policy related to Penglyfe.

§ 1(7) — Governing law and limitation period

In the event that these terms are held not to preclude the legal liability of Penglyfe or any of its owners, staff members or employees, users agree that any action against such persons may only be brought in the courts of the province of Ontario in the country of Canada and that no such claim may be filed later than thirty (30) days after the date on which the claimant knew or should have known that they had a cause of action notwithstanding any statute or law to the contrary.

§ 1(8)(a) — Modification, waiver and severability

We reserve the right to unilaterally modify these terms without notice to any user. Failure of either party to insist upon strict performance of any term shall not constitute waiver of any other breach of the same or a substantially similar nature. If any term of this agreement is held to be invalid or unenforceable, the validity or enforce ability of any other term will not be affected.

§ 1(8)(b) — Entire agreement

These terms constitute the entire agreement and understanding between Penglyfe and the user. You expressly agree that there are no oral or written representations, warranties, or other agreements relied upon other than what is expressly stated in these terms.

§ 1(7) — Governing law and limitation period

In the event that these terms are held not to preclude the legal liability of Penglyfe or any of its owners, staff members or employees, users agree that any action against such persons may only be brought in the courts of the province of Ontario in the country of Canada and that no such claim may be filed later than thirty (30) days after the date on which the claimant knew or should have known that they had a cause of action notwithstanding any statute or law to the contrary.

§ 1(7) — Governing law and limitation period

In the event that these terms are held not to preclude the legal liability of Penglyfe or any of its owners, staff members or employees, users agree that any action against such persons may only be brought in the courts of the province of Ontario in the country of Canada and that no such claim may be filed later than thirty (30) days after the date on which the claimant knew or should have known that they had a cause of action notwithstanding any statute or law to the contrary.

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