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Terms of Use Last updated: 14 July 2019
These Terms of Use (“Terms”, “Terms of Use”) govern your relationship with https://www.ashlandpy.com and http://pymspen.com website (the “Site”) operated by Ashland Pym/Pym’s Pen (“us”, “we”, or “our”).
Please read these Terms of Use carefully before using the Site.
Your access to and use of the Site is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site.
By accessing or using the Site you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Site.
The information on this site is not to be taken as professional or legal advice. Its contents make no promises to help readers construct the perfect virtual heritage project or write a best-selling novel or chart-topping game. Readers are expected to do their due diligence in personal research to ensure a full understanding of the Site’s concepts, such as heritage conservation, virtual heritage, and cultural appropriation.
I participate in affiliate programs with: Amazon and Literature and Latte. Anything that I recommend on my site and receive affiliate benefits from are items, such as books and writing software, that I would have recommended anyway. By happy coincidence I discovered that I could receive a commission off of these recommendations and took that opportunity to earn an additional income to help pay off student loans and buy groceries. Thank you for your contribution. And now the legalese:
In accordance with FTC and various affiliate programs I participate in, and in the spirit of being transparent to my readers, I am disclosing that I do often include affiliate links in my blog posts. An affiliate link is a link to a product or service that I promote, and that if a reader clicks and purchases, I receive a commission on that purchase. I do not however, promote product or services that I do not love or did not try myself. I only chose to share links with my readers of things that I love and have used and believe they may also want to try. If you have any questions in regard to my affiliate links, please contact us here.
One Affiliate program I participate in is Amazon Affiliates and as part of that program I must include the following statement on my website: “Pym’s Pen is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.”
The Site and all contents, including but not limited to text, images, graphics or code are the property of Ashland Pym/Pym’s Pen and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Site only for your own non-commercial use, with the appropriate credits and citations. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Pym’s Pen or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Site.
All original content, such as blog posts, academic papers, creative writing, and game designs, are the sole intellectual property of Ashland Pym. Copious notes and documentation with associated dates have been taken during the creation of these materials. If you have been found in violation of this intellectual property, I shall consider you guilty of plagiarism and believe me that I will pursue you to the fullest extent of the law. If you wish to use any of the content, you may use brief quotes no longer than 300 words with the appropriate credits and citations. I you wish to use more than 300 words, please contact me here or email me at pym [@] pymspen . com to acquire my written consent. Thank you.
The Site may contain links to third-party web sites or services that are not owned or controlled by Pym’s Pen.
Pym’s Pen has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Pym’s Pen shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Site immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease.
You agree to indemnify, defend and hold harmless Pym’s Pen, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Site; (b) your breach of any of these Terms; and (c) anything you post on or upload to the Site.
Pym’s Pen, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Site; (ii) your inability to access or use the Site; (iii) any conduct or content of any third-party on or related to the Site; (iiv) any content obtained from or through the Site; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have 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.
Pym’s Pen makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Site is at your sole risk. The Site is provided on an “AS IS” and “AS AVAILABLE” basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Pym’s Pen its subsidiaries, affiliates, and its licensors do not warrant that a) the Site will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet your requirements.
If you breach any of these Terms and Pym’s Pen chooses not to immediately act, or chooses not to act at all, Pym’s Pen will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Pym’s Pen does not waive any of its rights. Pym’s Pen shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website.
Please read this Privacy Policy carefully before using this Website.
This Privacy Policy governs the manner in which Pym’s Pen collects, uses, maintains and discloses information collected from users (each, a “User”) of the www.ashlandpym.com and www.pymspen.com website (“Site”). This privacy policy applies to the Site and all products and services offered by Pym’s Pen.
By providing us with your data, you warrant to us that you are over 13 years of age.
Ashland Pym/Pym’s Pen is the data controller and we are responsible for your personal data (referred to as “we”, “us” or “our” in this privacy notice).
When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control.
Pym’s Pen does not specifically market to children under the age of 13 years old.
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, comment on a post, place an order, subscribe to the newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address and credit card information. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, except that it may prevent them from engaging in certain Site related activities.
We collect information about visitors who comment on Sites that use our Akismet anti-spam service. The information we collect depends on how the User sets up Akismet for the Site, but typically includes the commenter’s IP address, user agent, referrer, and Site URL (along with other information directly provided by the commenter such as their name, username, email address, and the comment itself).
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about User’s means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Our Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.
We may receive data from third parties such as analytics providers such as Google based outside the EU, advertising networks such as Facebook based outside the EU, such as search information providers such as Google based outside the EU, providers of technical, payment and delivery services, such as data brokers or aggregators.
Pym’s Pen may collect and use User’s personal information for the following purposes:
If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
Our lawful ground of processing your personal data to send you marketing communications is either your consent or our legitimate interests (namely to grow our business).
Under the Privacy and Electronic Communications Regulations, we may send you marketing communications from us if (i) you made a purchase or asked for information from us about our goods or services or (ii) you agreed to receive marketing communications and in each case you have not opted out of receiving such communications since. Under these regulations, if you are a limited company, we may send you marketing emails without your consent. However you can still opt out of receiving marketing emails from us at any time.
Before we share your personal data with any third party for their own marketing purposes we will get your express consent.
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or OR contact us here at any time.
If you opt out of receiving marketing communications this opt-out does not apply to personal data provided as a result of other transactions, such as purchases, warranty registrations etc.
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if we are legally required to.
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.
We may have to share your personal data with the parties set out below:
We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.
We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorized use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements.
For tax purposes the law requires us to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they stop being customers.
In some circumstances we may anonymize your personal data for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
Under data protection laws you have rights in relation to your personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data and (where the lawful ground of processing is consent) to withdraw consent.
You can see more about these rights at: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/
If you wish to exercise any of the rights set out above, please contact us here.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you.
If you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We should be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you.
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
We will take the following responsive action, should a data breach occur:
We will notify you via email
We will notify the users via in-site notification
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
To be in accordance with CANSPAM, we agree to the following:
If at any time you would like to unsubscribe from receiving future emails, you can simply follow the instructions at the bottom of each email and we will promptly remove you from ALL correspondence.
In the event of an assignment, sale, joint venture, or other transfer of some or all of our assets, you agree we can assign, sell, license or transfer any information that you have provided to us. Please note, however, that any purchasing party is prohibited from using the Confidential Information or Other Information submitted to us under this Privacy Policy in a manner that is materially inconsistent with this Privacy Policy without your prior consent.
Pym’s Pen has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
It is very important that the information we hold about you is accurate and up to date. Please let us know if at any time your personal information changes contact us here.
If you have any questions about this Privacy Policy, the Terms and Conditions, the practices of this site, or your dealings with this site, please contact us at:
Pym’s Pen
pym [@] pymspen . com
This document was last updated on 14 July 2019
Please read this Cookie Policy carefully before using this Website.
If you want to check or change what types of cookies you accept, this can usually be altered within your browser settings. You can block cookies at any time by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
We use cookies to track your use of our website. This enables us to understand how you use the site and track any patterns with regards how you are using our website. This helps us to develop and improve our website as well as products and / or services in response to what you might need or want.
Cookies are either:
Cookies can also be categorized as follows:
This site offers opt-in newsletter and email subscription services and cookies may be used to remember if you are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users.
When you submit data to through a form such as those found on contact pages or comment forms cookies may be set to remember your user details for future correspondence.
We collect information about visitors who comment on Sites that use our Akismet anti-spam service. The information we collect depends on how the User sets up Akismet for the Site, but typically includes the commenter’s IP address, user agent, referrer, and Site URL (along with other information directly provided by the commenter such as their name, username, email address, and the comment itself).
This site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.
For more information on Google Analytics cookies, see the official Google Analytics page.
– Opting out:
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.
From time to time we test new features and make subtle changes to the way that the site is delivered. When we are still testing new features these cookies may be used to ensure that you receive a consistent experience whilst on the site whilst ensuring we understand which optimizations our users appreciate the most.
In some cases we may provide you with custom content based on what you tell us about yourself either directly or indirectly by linking a social media account. These types of cookies simply allow us to provide you with content that we feel may be of interest to you.
We also use social media buttons and/or plugins on this site that allow you to connect with your social network in various ways. For these to work the following social media sites including; Facebook, Twitter, LinkedIn, Google Plus, Pinterest, will set cookies through our site which may be used to enhance your profile on their site or contribute to the data they hold for various purposes outlined in their respective privacy policies.
You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this).
Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of the site. Therefore it is recommended that you do not disable cookies.
Last Updated: 14 July 2019