USER AGREEMENT

Pencil Privacy Policy

This privacy policy is applicable to how the Pencil community handles personally identifiable information that is left when users log in to the website and server, as well as other personally identifiable information shared with our business partners.

This privacy policy is not applicable to organizations that do not belong to the Pencil community or non-Pencil employees.

This privacy policy constitutes an inseparable part of the Pencil User Agreement and must be read together with the Pencil User Agreement including but not limited to Clause 6 (on Privacy Protection) of the Pencil User Agreement.

1. Collection and Use of Information

  • 1.1 The Pencil community will collect your personally identifiable information when you register a Pencil community account, use other Pencil community products or services, access Pencil community webpages, or participate in promotional or prize winning games. The Pencil community also collects personally identifiable information from our business partners.
  • 1.2 When you register a Pencil community account, we will ask for your name, email address, interests, birthday, gender and personal webpage, in addition to a personal profile. Once you are successfully registered with the Pencil community, we will be able to identify you when you log in to the server.
  • 1.3 The Pencil community automatically receives and records the information on your browser and server logs, including your IP address, information in the Pencil community cookies and your browsing history.
  • 1.4 The Pencil community uses this information to enhance the quality of the video services that we provide and to improve the effectiveness to better tailor our services to your interests and needs.
  • 1.5 The Pencil community holds the right to use any “Statuses” or other content uploaded on the application by a user for sharing to our partner application, VShots. Any content uploaded to Pencil effectively may be used for content VShots.

2. Disclosure and Sharing of Information

  • 2.1 When you submit the information, it shall be deemed as your consent to the Pencil community regarding the collection, storage, use and disclosure of your personal information by the Pencil community. The Pencil community will never display, rent or sell your personally identifiable information to others.

  • 2.2 The following circumstances are excluded:

    • (1) When your desired products and services can only be provided if your personal information is disclosed;
    • (2) When we are required to provide information to the companies that provide products or services on our behalf; (unless we notify you otherwise, these companies do not have the right to use your personally identifiable information);
    • (3) When we are required to comply with a court summons, court order or to comply with a legal process;
    • (4) When we discover that you have violated the terms of use of the Pencil community, Pencil community global village or any other products or services.
  • 2.3 The Pencil community is not responsible for any collection, disclosure and/or use of your personal information provided by you to any third party's website which may be linked to or from our website.

3. Cookies

  • 3.1 The Pencil community will set or access Pencil community cookies on your computer.
  • 3.2 The Pencil community allows those companies that publish advertisements on our webpages to set or access cookies on user computers. Other companies will use cookies in accordance with their own privacy policies, and cannot access cookies used by the Pencil community.
  • 3.3 In performing operations associated with our products and services, the Pencil community uses web beacons to retrieve cookies from our website.

Web Beacons (if applicable)

  • Our webpages include electronic images (known as a "pixel GIF" or a "beacon") that allow the website to calculate the number of webpage users or users that have saved a certain cookie. The ways in which the Pencil community uses beacons include:
  • Beacons used within the Pencil community:
  • The Pencil community uses beacons on the website to calculate the total number of users and to identify registered users using saved Pencil community cookies.
  • We are able to provide customized webpage services when you are on non-6.cn websites by saving Pencil community cookies.
  • Web beacons are used outside of the Pencil community domain
  • The Pencil community uses website beacons to collect data for partner websites; relevant data is also used for statistical purposes.
  • The Pencil community user data recorded by website beacons are compiled and made available to our partners as aggregate data for reference purposes. Aggregate data includes information such as user count and usage, but does not include any personally identifiable data.
  • When the Pencil community places website beacons to collect data for our partners, we require our partners to inform users on their privacy policy page that the webpage uses website beacons.
  • NB. This option will only be recorded in your current browser and will not be recorded in your user history. Therefore, to completely block the beacon, you must click on the above link on all of your computers and browsers.

HTML Emails

  • The Pencil community typically adds a beacon when sending emails in HTML format (emails containing images) to count the number of opened messages.
  • Typically, electronic images are considered to be part of the webpage and, including banner ads, can all be used as beacons. Therefore, beacons can be added to all advertisements placed by the Pencil community.
  • The Pencil community tracks certain usage behavior. Information collected from web beacons are used to understand how customers use our products, provide more accurate reports and enhance the effectiveness of our marketing.

Editing Personal Account Information and Preferences

  • At any time, you have the right to edit your Pencil community account information and preferences, including whether you would like to receive information on the latest products from the Pencil community

Security Safeguards

  • Your Pencil community account is password protected to ensure the security of your privacy and information.
  • Under certain conditions, the Pencil community uses the universally accepted SSL encryption system to ensure the security of information transfer.

Amendments to the Privacy Policy

  • The Pencil community periodically makes changes to the privacy policy. If there are significant changes to the privacy policy, we will promptly notify users by posting the relevant terms in a prominent position on the webpage.
  • These terms and conditions are governed by laws of the territory in which Tipping Points Technology is registered and where the Pencil app is registered on Google Play.

These terms and conditions are governed by laws of the territory in which TIPPING POINTS is registered.

End-User License Agreement

The light house technology and its licensees operate with the following software end-user license agreement. You acknowledge that you have agreed to its terms by downloading and/or using any of Tipping Points’ programs.

For the purposes of this agreement, "you" means you, the end user, and Tipping Points means TIPPING POINTS TECHNOLOGY LIMITED, its employees, and any of the independent developers who have licensed their software to TIPPING POINTS.

1.License to You

You are granted a nonexclusive right to use any of Tipping Points's programs that you have purchased. You may use the programs distributed as "shareware" on a trial basis. Payment of a registration fee entitles you to continue to use the program for which the registration fee was paid.

The software is licensed, not sold. All software, help files, etc are and will remain the property of Tipping Points

2.Warranty Disclaimer

All programs are provides "as is" without any warranty of any kind, either implied or expressed, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the program is with the user. Should the program prove defective, you, and not TIPPING POINTS assumes the entire cost of any necessary repairs or corrections. Because some states do not allow the exclusion of implied warranties, the above exclusion may not apply to you.

Tipping Points does not warrant that the functions contained within any of its programs will meet your requirements or that the operation of any of its programs will be uninterrupted or error free.

3.Limitation of Remedies

In no event will Tipping Points be liable to you for any damages, including, but not limited to, lost profits, business interruptions, or other incidental or consequential damages arising from the use or inability to use the programs (whether or not due to any defects therein) even if Tipping Points has been advised of the possibility of such damages, or for any claim by any other party. Because some states do not allow the limitation or exclusion of liability for consequential damages, the above limitation may not apply to you.

4. Terms of Use

  • You are responsible for the accuracy of information that you provide to Pencil , and upon request from Pencil , verify accuracy of the information given.
  • You may not create Pencil account for others, or allow others to use your Pencil account. You shall immediately notify Pencil if you discover unlawful use of your account by others.
  • In consideration for our Services, you agree that Pencil has the right to place advertisement or other types of commercial information. You also agree to receive advertisement or other relevant commercial information from Pencil via email or other methods. While using Pencil Services, you must abide by all applicable laws and regulations, and all rules and policies of Pencil.

  • You may only share information that you are comfortable sharing with the public. You may not distribute via Pencil any content that may be considered:

    • pornographic, obscene or indecent, or any adult content, including any form of child exploitation;
    • excessively violent, including any content that is related to death or serious injury;
    • depicting, encouraging or assisting suicide or self-harm;
    • rumor, false or misleading information;
    • hateful speech or conduct, including any content that promote racism, terrorism, ageism or sexism;
    • profane, blasphemous or any content that may offend people of certain faith, or otherwise related to religion;
    • related to gambling, abortion, weapon, or other highly explosive subject matter;
    • abusive, libelous, or otherwise harassing other people or group;
    • spam, junk mail or other unsolicited advertisement;
    • other contents that in the judgement of Pencil that are negative contents or otherwise not suitable for distribution.
  • You may not impersonate any other individual, entity, governmental agency or organizations.
  • You may not publish or distribute other people's private information without their express authorization and permission.
  • You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish or distribute any copyrighted or proprietary works. You are solely responsible to clear such licenses, rights, consents, and permissions. You may not publish or link to any malicious code, phishing website or other content that may threaten the security of the Internet.
  • Pencil has the right to review and monitor your behavior on Pencil. If Pencil, at its sole discretion's, reasonably considers that you have violated the Terms of Use, Pencil may freeze, suspend, disable, ban or revoke your account. You understand that any virtual gift associated with your account will be frozen, suspended, disabled, banned or revoked as well.
  • If Pencil discovers or reasonably suspects that any of your virtual gift is acquired in a fraudulent or illegal manner, or is in an abnormal status, Pencil may freeze, suspend, disable, ban or revoke such virtual gift.
  • Pencil is strictly forbid under age streamers. All streamers must be 18 years or older to sign contract with Pencil. If you are under 18 years old and became official streamer, your ID will be permanently banned without notice.
  • Any under 18 streamer is not official streamer and if caught will be ban from Pencil.
  • If your account is frozen, suspended, disabled, banned or revoked, you may not create a second account or ask any other to create a second account for you.
  • If you violate any Terms of Use, you shall indemnify and hold harmless of Pencil against any liability resulting from a claim by a third party in relation to your violation.
  • Please be aware that Pencil reserves the right to share or re-post any “Statuses” content or any other content to our partner application, VShots. Agreeing to Pencil’s Privacy Policy and EULA in effect means agreeing any and all content of yours posted on Pencil may be used on VShots.

5. Services Content

  • We reserve the right to change the content of our Services from time to time, at our discretion, with or without notice.
  • Some of the Services provided by Pencil require payment. For paid-for Services,Pencil will give you explicit notice in advance and you may only access such Services if you agree to and pay the relevant charges. If you choose to decline to pay the relevant charges,Pencil shall not be bound to provide such paid-for Services to you.
  • Pencil needs to perform scheduled or unscheduled repairs and maintenance. If such situations cause an interruption of paid-for Services for a reasonable duration, Pencil shall not bear any liability to you and/or to any third parties. However, Pencil shall provide notice to you as soon as possible.

  • Pencil has the right to suspend, terminate or restrict provision of the Services under this Agreement at any time and is not obligated to bear any liability to you or any third party, if any of the following events occur:

    • You are under the minimum age in order to receive Pencil services;
    • You violate the Terms of Use stipulated in this Agreement;
    • You fail to make a payment for using paid-for Services.
    • Except for the express representations and warranties set forth in this agreement,Pencil makes no warranty in connection with the subject matter of this agreement and Pencil hereby disclaims any and all other warranties, whether statutory, express or implied, including all implied warranties of title, non-infringement, merchantability, fitness for a particular purpose and any implied warranties arising from course of dealing or performance, regarding such subject matter.

6.Merchant Liability

We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

7.Refunds & Cancellation Policy:

Currently, Pencil does not entertain an official refunds & cancellation policy. Due to the nature of the app, if any virtual coins are purchased and subsequently a refund is requested, then a loss will be incurred by any users who have received virtual gifts or other items (gifted VIP packages/cars, bullet messages, etc.) from the user who requested the refund.

8.Acknowledgment

Your use of any software produced by Pencil. implies that you acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between you and Tipping Points which supersedes all proposals or prior agreements, oral or written, and all other communications between you and Pencil relating to the subject matter of this agreement.

This agreement may only be modified by a written agreement signed by both you and Pencil. If any portion of this agreement is held invalid, the remainder of the agreement shall still be considered enforceable.

The light house technology, with registered office at Unit D, 16/F, One Capital Place, 18 Luard Road, HK SAR, and its licensees operate with the following software end-user license agreement. You acknowledge that you have agreed to its terms by downloading and/or using any of TIPPING POINTS’ programs

These terms and conditions are governed by laws of the territory in which TIPPING POINTS is registered.