Terms of Service
Pentel Creator Collective Terms of Use/Legal Notice
PLEASE READ THESE TERMS OF USE CAREFULLY. By accessing or using this website and/or mobile application you acknowledge and agree to these terms of use and agree to enter into this legally binding contract with Pentel of America, Ltd. Do not access or use this website and/or mobile application if you are unwilling or unable to be bound by these terms of use. This website and/or mobile application is owned and operated by Pentel of America, Ltd., and it has the right to revise these terms of use at any time without providing notice to you. Please check back periodically for changes to these terms of use.
DEFINITIONS
“We”, “us” and “our” refer to Pentel of America, Ltd.
“You” and “your” refer to you as a user of this website and/or mobile application Pentel Creator Collective. A user is a person who accesses, browses, crawls, or in any other way uses this website and/or mobile application.
“Content” means any graphics, images, photographs, texts, audio, video, and all other forms of data or information disclosed, offered or provided to us by or through this website and/or mobile application, including but not limited to postings on interactive portions of this website and/or mobile application or emails to Pentel of America, Ltd.
USER CONTENT
By posting, uploading, inputting, providing or submitting any materials or information, including, without limitation, comments, ideas, feedback or suggestions (collectively, “Information”), you hereby grant Pentel permission to use said Information, including, without limitation, the license to copy, distribute, transmit, publicly display, perform, reproduce, edit, modify, translate, and reformat said Information, as well as the right to sublicense such rights to any of Pentel’s agents, retailers, distributors, or service providers.
You further warrant and represent that you own or otherwise have the right and authority to post, upload, or grant Pentel the licenses set forth above with respect to any such submission of Information. Pentel and its employees and other agents do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, promotions, products, or services. Please do not send us any original creative artworks, samples, demos, or other works. Pentel makes no assurances that your ideas and materials will be treated as confidential or proprietary, other than as expressly provided for in Pentel’s Privacy Policy and Terms of Use.
You acknowledge that no compensation will be provided to you for any submission of Information to Pentel, or for granting the licenses set forth above, and that Pentel makes no offer, representation or guarantee regarding employment, benefit or compensation as a result of any such submission.
By providing any Content to us, you hereby RELEASE Pentel of America, Ltd. from any liability under any legal theory in connection with the use, modification, sale, or disclosure of such Content. To the extent you retain any rights, you hereby grant to Pentel of America, Ltd. the unlimited, worldwide, perpetual right to reuse, redistribute, modify and create derivative works from any Content provided by you for any purpose and in any media without compensation, and you warrant that you have waived all “moral rights” that you may have in such Content.
HYPERLINKS
This website and/or mobile application may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Pentel of America, Ltd. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any advertising, marketing, products, services or other Content on or available from such sites or resources. You further acknowledge and agree that Pentel of America, Ltd. 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 or reliance on any advertising, marketing, products, services or other Content available on or through any such site or resource. By accessing or using this website and/or mobile application or third parties’ sites or resources, you are solely responsible for compliance with all applicable laws and regulations.
RULES OF ACCEPTABLE CONDUCT
Pentel of America, Ltd. does not ordinarily pre-screen, filter, censor, edit or regulate Content provided by third parties on this website and/or mobile application. We neither endorse nor are responsible for the accuracy, completeness, usefulness or reliability of such Content. You acknowledge and agree that under no circumstances shall Pentel of America, Ltd. be liable, directly or indirectly, for the accuracy or reliability of the Content provided by us or submitted to us by third parties.
By providing any Content to us, you represent that you have the proper right and authority to access, share or use the Content you upload, post, email, transmit or otherwise make available and agree to abide by the following rules of acceptable conduct:
(1) You will not upload, post, email, transmit or otherwise make available any harmful, harassing, infringing, defamatory, vulgar, obscene, pornographic, threatening, abusive, illegal or otherwise improper or objectionable content.
(2) You will not upload, post, email, transmit or otherwise make available any material that contains viruses or other harmful components.
(3) You will not use the website and/or mobile application to further any illegal purpose or to violate the rights of any party.
(4) You will not impersonate any person or entity, or otherwise falsely state or otherwise misrepresent your affiliation with any person or entity.
(5) You will not forge or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through this website and/or mobile application or any third party’s site or resource.
(6) You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services, including but not limited to promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
(7) You will not upload, post, email, transmit or otherwise make available any Content that infringes any intellectual property rights of any party, including but not limited to patent, trademark, trade secret, copyright or other proprietary rights.
(8) You will not intentionally or unintentionally violate any applicable international, national, federal, state or local law or regulations.
(9) You will not collect or store personal data and information of other users in connection with the prohibited conduct and activities set forth in paragraphs (1) through (8) above.
NO REPRESENTATIONS OR WARRANTIES
Pentel of America, Ltd. makes no representations or warranties that this website and/or mobile application meets your expectations or requirements or is free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website and/or mobile application or Pentel of America, Ltd. computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND/OR MOBILE APPLICATION AND YOU AGREE TO HOLD PENTEL OF AMERICA, LTD. HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS WEBSITE AND/OR MOBILE APPLICATION, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE AND/OR MOBILE APPLICATION.
The pages on this website and/or mobile application may contain technical inaccuracies, outdated information and typographical errors. To the extent permitted by applicable law, THIS WEBSITE AND/OR MOBILE APPLICATION IS PROVIDED "AS IS" AND ON AN “AS AVAILABLE” BASIS. PENTEL OF AMERICA, LTD. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED, OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE AND/OR MOBILE APPLICATION. WE DO NOT WARRANT THAT THIS WEBSITE AND/OR MOBILE APPLICATION WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PENTEL OF AMERICA, LTD. OR THROUGH ANY THIRD PARTY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PENTEL OF AMERICA, LTD. BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO THE LOSS OF PROFITS OR GOODWILL THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS WEBSITE AND/OR MOBILE APPLICATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL PENTEL OF AMERICA’S, LTD. TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE AND/OR MOBILE APPLICATION.
INDEMNITY
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PENTEL OF AMERICA, LTD. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS AND LICENSORS FROM ANY CLAIM, INCLUDING REASONABLE ATTORNEYS FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT, MODIFY, OR OTHERWISE MAKE AVAILABLE THROUGH THIS WEBSITE AND/OR MOBILE APPLICATION, YOUR VIOLATION OF THESE TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
JURISDICTION AND CHOICE OF LAW
Pentel of America, Ltd. controls and manages this website and/or mobile application from its facilities in the State of California in the United States of America. Unless otherwise stated, materials and content on this website and/or mobile application are presented solely for promoting products and services in the United States of America. Information published on this website and/or mobile application may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on this website and/or mobile application are legal, available or appropriate in your country or region.
These terms of use shall be governed by and construed in accordance with the laws of the State of Illinois and the United States of America, without giving effect to any principles of conflicts of law. You and Pentel of America, Ltd. irrevocably consent to the exclusive jurisdiction of the courts located in Illinois in connection with any action arising out of or related to these terms of use or their subject matter. You and Pentel of America, Ltd. waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action.
TRADEMARKS AND COPYRIGHTS
Nothing on this website and/or mobile application shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Pentel of America, Ltd. or any third party, whether by estoppel, implication, or otherwise. All trademarks and trade names are the property of their respective owners.
Except as otherwise noted, Pentel of America, Ltd. is the owner of all trademarks and service marks on this website and/or mobile application, whether registered or not. All registered trademarks are registered in the United States of America or other applicable jurisdictions.
Pentel of America, Ltd. expressly forbids you from the unauthorized use of its intellectual property, including but not limited to displaying or using its logos, trademarks, or other graphics in any manner for any purpose.
SECURITIES AND INVESTMENT
This website and/or mobile application and the information contained or referred to herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.
This website and/or mobile application may contain information and press releases about and by Pentel of America, Ltd. While information prepared by us was believed to be accurate as of the date so prepared, we disclaim any duty or obligation to update such information or to verify the accuracy of information prepared by others. Any statements in this site that are not historical facts, including but not limited to plans, projections, objectives, goals, strategies, future events or performance and underlying assumptions, are forward-looking statements as provided in the rules and regulations of the Securities Act of 1933, Securities Exchange Act of 1934, and the Private Securities Litigation Reform Act of 1995. Such statements are intended to fit within the 'safe harbor' for forward-looking information and are subject to material risk factors which may or may not be disclosed herein. Statements or phrases that use such words as "believes," "anticipates," "plans," "may," "hopes," "can," "will," "expects," "estimates," "predicts," "is designed to," "with the intent," "potential," and similar expressions commonly indicate forward-looking statements, but in their absence do not mean that a statement is not forward-looking. Any forward-looking statements contained herein involve risks and uncertainties, including but not limited to, general economic and currency conditions, various conditions specific to the Pentel of America’s, Ltd. business and industry, market demand, competitive factors, supply constraints, technology factors, government and regulatory actions, Pentel of America’s, Ltd. accounting policies, future trends, and other risks which are detailed in our Securities and Exchange Commission filings.
SEVERABILITY
If any provision of these terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions.
PRIVACY
Please see our Privacy Policy for information regarding the collection and use of your account information from this website and/or mobile application.
You acknowledge, agree and consent that Pentel of America, Ltd. may access, preserve and disclose your account information and Content without notice to you if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) enforce these terms of use; (ii) comply with the legal process; or (iii) respond to claims that any Content violates the rights of third parties.
GENERAL
These terms of use represents the entire agreement between you and Pentel of America, Ltd. and governs your use of this website and/or mobile application and prevails over any prior or contemporaneous, conflicting or additional communications.
Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website and/or mobile application is strictly prohibited. Pentel of America, Ltd. reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights we may have at any time.
Specific areas or pages of this website and/or mobile application may include additional or different terms relating to the use of this website and/or mobile application. In the event of a conflict between such terms and these terms of use such specific terms shall control.
Unless otherwise indicated, all material on this site © 2025 Pentel of America, Ltd. All rights reserved.
Terms and Conditions for Pentel Creator Collective Rewards Program
1. Introduction
Welcome to the Pentel of America, Ltd. Creator Collective Rewards Program (the "Program"). These Terms and Conditions (these "Terms") govern your participation in the Program. By participating in the Program, you agree to be bound by these Terms and the Pentel Creator Collective Terms of Use: https://creatorcollective.pentel.com/termsofservice. Pentel of America, Ltd. is referred to in these Terms as the “Creator Collective.”
2. Eligibility
The Program is open to individuals who are at least 18 years old, reside in the United States (including U.S. territories), and have a valid email address. Creator Collective employees and their immediate family members are not eligible to participate.
Corporations, partnerships, organizations, automated accounts, bots, and other non-natural persons are not eligible. Creator Collective may require reasonable proof of eligibility at any time.
3. Enrollment
To enroll in the Program, you must create an account on our website: https://creatorcollective.pentel.com/ or via the Pentel Creator Collective app and provide the required information. Only one Program account may be maintained per individual. By enrolling, you agree to receive promotional emails and other communications related to the Program. Electronic notices satisfy any legal requirement that communications be in writing.
4. Earning Points
Points are earned by taking qualifying actions on the Pentel Creator Collective. The number of points earned per purchase are specified on our website: https://creatorcollective.pentel.com/.
Points may also be earned through special promotions and activities as announced and posted by the Collective from time to time. Some ways customers can earn points include:
• Becoming a Creator Collective member
• Creating a post
• Commenting on a post
• Joining a Group
• Purchasing a store product
• RSVPing to an event
• Buying an online program
• Following @pentelofamerica social media channels
• Adding your birthday to your Collective profile
Creator Collective will determine:
• Which activities qualify
• The number of points awarded
• Limits on earning points
• Verification requirements
Creator Collective may modify qualifying activities and point values at any time. Points are credited only after Creator Collective determines that the qualifying activity has been validly completed. Returned, cancelled, fraudulent, disputed, or refunded purchases may result in reversal of related points.
5. Tiers
The Program includes multiple tiers that offer different benefits based on the points earned:
• Apprentice: All Program members will automatically be added to this tier.
• Artisan: Members who earn 500 points will enter this tier. Artisan members earn double (2X) points over Apprentice members.
• Maestro: Members who earn 1,000 points will enter this tier. Maestro members earn five times (5X) points over Apprentice members.
Creator Collective may promote, demote, or reclassify participants based upon Program rules in effect from time-to-time.
6. Redeeming Points
Points can be redeemed for rewards as specified on our website: https://creatorcollective.pentel.com/. Rewards are issued in the form of coupons offering discounts, free shipping, special prices and more.
7. Points Features
Points:
• Have no cash value
• Are promotional only
• Are non-transferable
• May not be sold
• May not be assigned
• May not be pledged as collateral
• May not be inherited
• May not be combined with points from another account
Points do not constitute stored value or electronic money.
No participant shall acquire an ownership interest in points.
8. Expiration of Points
Unused Points will expire 12 months after they are earned if not redeemed. Creator Collective reserves the right to change the expiration policy at any time.
9. Prohibited Conduct
Participants may not earn points through fraudulent, deceptive, abusive, or artificial means.
Prohibited conduct includes, without limitation:
• Creating multiple accounts
• Using automated software or bots
• Posting spam or repetitive content
• Purchasing solely to generate rewards with intent to return product
• Impersonation
• Providing false information
• Violating these Terms or the Creator Collective Terms of Use
Creator Collective may determine in its sole discretion whether conduct violates these Terms or the Creator Collective Terms of Use.
10. Taxes
Participants are solely responsible for any taxes arising from participation in the Program.
11. Account Security; Privacy
Creator Collective is not responsible for unauthorized access resulting from a participant’s failure to maintain account security. All communications related to the Program are subject to Creator Collective’s Privacy Policy https://creatorcollective.pentel.com/privacy-policy.
12. Errors
Creator Collective reserves the right to correct any:
• Calculation errors
• Posting errors
• Redemption errors
• System errors
• Pricing errors
• Clerical errors
Erroneously awarded points may be removed at any time.
13. No Warranty
The Program is provided “AS IS” and “AS AVAILABLE.”
Creator Collective disclaims all warranties, whether express, implied, statutory, or otherwise, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement.
14. Changes to the Program
Creator Collective reserves the right to modify, suspend, or terminate the Program at any time without notice. Any changes to the Program will be posted on our website.
Changes may include, without limitation:
• Earning opportunities
• Points to be awarded for specific activities
• Redemption values
• Participation tiers
• Eligibility requirements
• Expiration rules
• Available benefits
Unless prohibited by applicable law, modifications become effective upon posting on Creator Collective’s website or other notice designated by Creator Collective.
Termination of the Program will result in expiration of all unused points.
15. Termination of Membership
Creator Collective reserves the right to terminate your membership in the Program if you violate these Terms or the Creator Collective Terms of Use or engage in prohibited conduct (Section 9, above). Upon termination, all points in your account will be forfeited.
16. Limitation of Liability
To the maximum extent permitted by law, Creator Collective and its affiliates, officers, directors, employees, agents, licensors, suppliers, and service providers shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising from or relating to the Program. This includes, but is not limited to, any such damages resulting from changes to or termination of, or your participation in, the Program.
17. Governing Law
Notwithstanding anything to the contrary in the Creator Collective Terms of Use, these Terms and your participation in the Program will be governed by and construed in accordance with the laws of California, USA, without regard to its conflict of law principles.
18. Arbitration
Notwithstanding anything to the contrary in the Creator Collective Terms of Use, and except for claims that may properly be brought in small claims court, claims seeking temporary injunctive relief to protect intellectual property or confidential information, and claims brought under a Private Attorney General Act, any dispute, claim, or controversy arising out of or relating to the Program or these Terms shall be resolved exclusively by final, binding arbitration.
The arbitration shall:
• be administered by JAMS
• be conducted pursuant to the then-current JAMS Comprehensive Arbitration Rules and Procedures, except as modified herein
• take place in Los Angeles, California
• be conducted before a single arbitrator
The arbitrator shall have exclusive authority to resolve any dispute concerning the interpretation, applicability, enforceability, or formation of this arbitration agreement.
Judgment upon the arbitration award may be entered in any court having jurisdiction.
19. Class Action and Representative Action Waiver
To the fullest extent permitted by applicable law, all proceedings shall be conducted solely on an individual basis.
Participants waive any right to:
• participate in a class action
• participate in a class arbitration
• participate in a representative action other than as a private attorney general under a Private Attorney General Act
• consolidate claims with those of any other person
The arbitrator shall have no authority to hear or decide any class, collective, consolidated, or mass proceeding.
If this waiver is determined to be unenforceable with respect to a particular claim, that claim shall be severed from arbitration to the extent required by applicable law and be litigated in federal or state court in Los Angeles County, California (notwithstanding anything to the contrary in the Creator Collective Terms of Use). Program participants and Creator Collective hereby submit to the personal jurisdiction of such courts for such purpose.
20. Severability
If a provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
21. Entire Agreement
These Terms, together with the Creator Collective Terms of Use and Privacy Policy, constitute the entire agreement between Creator Collective and participants concerning the Program.
22. Contact Information
If you have questions about the Program or these Terms, please contact us at pentelcollective@gmail.com.
Effective Date: 06.16.2026