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Terms

Terms of Use Agreement Welcome to PFProductions.com and its affiliated sites Luciphurrsimps.com, Terminalscomic.com, AnneSteelyard.com and Loch.PFProductions.com (collectively, the “Website”), brought to you by Penny-Farthing Productions, Inc. (“PFP” or “we” or “us”), formerly Penny-Farthing Press. Thank you for visiting and have a great time. The following Terms of Use Agreement (“Terms of Use” or “Agreement”) governs your use of the Website and constitutes a legally binding contract that affects your legal rights and obligations, so please read these Terms of Use carefully before using the Website. By visiting or using the Website, you accept and agree to abide by these Terms of Use. If you do not agree with any of these Terms of Use, please do not use this Website. These Terms of Use contain disclaimers of warranties and limitations of liability that may be applicable to you. We may change these Terms of Use from time to time, at any time, without notice to you, and any such modifications will be effective and binding upon you on posting, and your use of the Website after such posting constitutes your acceptance of the Terms of Use as amended. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement. 1. Limited License The Website and the services offered on or through the Website, including all content, works of authorship, designs, text, graphics, images, photos, sound recordings, product descriptions, pricing information, drawings, logos, button icons, videos or other information or materials available via the Website, including without limitation any such items provided through any services offered on the Website (collectively, “Content”) are for your personal, non-commercial, entertainment use only. Any commercial or promotional use of the Website or any Content is strictly prohibited without the express prior written permission of PFP. You may not download, upload, copy, reproduce, publish, distribute, disseminate, display, perform, transmit, modify, create derivative works from, perform, broadcast, transfer, sell, license or otherwise use in any way any Content, except as expressly permitted by these Terms of Use. You may not alter, edit, delete, remove, modify or repurpose any of the Content on the Website or provided through the services offered on or through the Website, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You agree that you will not disassemble, decompile, reverse engineer, or otherwise modify any Content. Your right to use this Website and any Content on the Website is subject to your acceptance of and compliance with these Terms of Use at all times. We reserve the right at any time, with or without cause, to change the terms and conditions of these Terms of Use, change the Website, including eliminating or discontinuing any Content, products or services offered on or through the Website, and/or deny or terminate your use of or access to the Website. We reserve the right to decline to provide services to any person for any or no reason. 2. Account Access to the online store portion of our website requires creation of an account. In order to create an account you must (1) indicate your agreement to these Terms of Use, (2) provide all required contact information and identification details as prompted on the Website. You are responsible for maintaining the confidentiality of your user name and password, and for restricting access to your account. You agree that you are completely responsible for all activities that occur under your account or password, whether or not such activities are authorized by you. You agree to notify us immediately if you know of any unauthorized use of your account or the Website, whether by you or anyone else. PFP disclaims any responsibility for unauthorized use of your account by someone else. You may only have one active account on the Website and you may not transfer your account to someone else. You may cancel your account at any time by contacting corp@pfproductions.com. Additional terms and conditions may apply to your account or specific portions of our Website, all of which are incorporated and made a part of these Terms of Use. Any such additional terms and conditions will be accessible in the applicable portion of the Website or otherwise communicated to you by PFP. In the event of any conflict between these additional terms and this Terms of Use, the additional terms shall control solely with respect to your account or the specific portion of the Website to which they apply. 3. Copyrights and Trademarks PFP respects the intellectual property rights of others and asks you to do the same. This Website and all Content; any improvements or modifications to the Content; any derivative works based thereon; and the collection, arrangement, and assembly of all Content is the property of PFP or its partners and licensors, and are protected by United States and international copyright and other intellectual property laws.  The trademarks, logos, service marks and trade names displayed on this Website are the registered and unregistered proprietary marks of PFP and others, and this Website's trade dress is owned by PFP (collectively, the "Trademarks").  The Trademarks may not be used in connection with any products or services that are not associated with or sponsored by their respective owners, or that are likely to cause customer confusion, or in any manner that disparages or discredits such owners. You may not use, copy, modify or display any of the Trademarks appearing on the Website without the written permission of PFP and/or the third party that owns the applicable Trademark.  If you make other use of the Website, or the Trademarks or Content, except as otherwise provided above, your permission to use the Website will be immediately terminated and you may be in violation of copyright, trademark and/or other intellectual property laws of the United States, state law and/or the laws of other countries, and may be subject to liability for such unauthorized use. 4. User Information and Privacy In the course of using the Website or certain services or functionalities made available on or through the Website, you may provide certain personal information to us. PFP’s policies for collection and use of such personal information are set forth in our Privacy Policy for the Website (“Privacy Policy”), located at http://pfp.thinkfourdesign.com/privacy/. Our Privacy Policy is hereby incorporated herein by this reference. You consent and agree that all personal information we obtain about you (including but not limited to via the Website, social media, email or other similar means) shall be subject to the terms of our Privacy Policy, which we may change from time to time. You acknowledge and agree that you are solely responsible for the accuracy and content of all such personal information, and you agree to keep it up to date. You acknowledge and agree that, if any personal information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the Website. 5. Submissions We do not solicit or wish to receive any ideas, suggestions, confidential, secret or proprietary information or any other materials from you through the Website, by email or otherwise. Therefore, please do not send PFP any unsolicited materials of any kind. Should you, notwithstanding the foregoing, send PFP any of the foregoing, any such submissions and any questions, comments, answers, suggestions, or the like submitted by you to PFP via this Website or by fax, mail, email, social media or otherwise, or transmitted, posted, or uploaded by you to this Website or through social media (collectively, "Unsolicited Materials") such Unsolicited Materials will be treated as non-confidential and nonproprietary, and may be used for any purpose in any manner or media whatsoever. 6. User Content We may make available on the Website from time to time certain message boards, blogs, community pages or other public forums. Your participation is voluntary; however, by posting or providing any messages, information, text, photos, feedback, video or other content (“Posts”) on the Website, you (i) acknowledge and agree that such Posts provided by you may be viewed by the general public and will not be treated as private, proprietary or confidential, (ii) irrevocably authorize us and our partners and licensees, without compensation to you or others, to copy, reproduce, modify, distribute publicly display or otherwise use such Posts for any purpose throughout the world in perpetuity in any format manner or media now known or hereafter devised and (iii) represent to PFP that you own such Posts and have the unrestricted right to permit us to use such Posts in the manner stated above without the consent of any third party. You also agree not to upload or post to this Website any Posts which: (a) infringe or otherwise violate any copyright, patent, trademark, trade secret or other proprietary right of any person or entity, (b) is defamatory, libelous, false, misleading, obscene, pornographic, threatening, abusive, violent, illegal, rude, harassing, expresses hate or is otherwise improper content, (c) contain a virus, spyware, worm or other contaminating or destructive feature, (d) contain embedded links, advertising, chain letters, pyramid schemes, or commercial purpose of any kind, or (e) otherwise violate any applicable law or treaty. We have no obligation to monitor, filter, censor, edit, or regulate any Posts provided by you or third parties on this Website, although we reserve the right to do so in our sole discretion.  We cannot and do not guarantee that we will post all Posts submitted or that such Posts will not be offensive, defamatory or objectionable. We reserve the right to edit, abridge, refuse to post or remove any Posts submitted by your or others in our sole discretion. Although we reserve the right to remove without notice any Posts for any reason, we have no obligation to delete Posts that you personally may find objectionable or offensive. We expressly disclaim all warranties or representations with respect to the accuracy, integrity, quality, completeness or timeliness of any Posts displayed on the Website or any message board, blog, community area or other public forum. We do not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions, or statements of third parties displayed on or transmitted via the Website.  Any such third party comments, opinions or statements placed on the Website are the views and responsibility of those who post the statements, and do not necessarily represent the views of PFP. We reserve the right, in our sole discretion, to adopt additional rules in any public forum or community area and to condition access to any such community features by any individual or group in accordance with age, geographic, or other criteria, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums or the Website without notice or penalty if we believe you are in breach of the guidelines set forth in this section, these Terms of Use or applicable law, or for any other reason without notice or liability. 7. Links to this Website You agree that if you include a link from any other website to the Website, such link will open in a new browser window and will link to the full version of an HTML formatted page of this Website. You are not permitted to link directly to any image hosted on the Website or our services, such as using an “in-line” linking method to cause the image hosted on the Website to be displayed on another website. You agree not to download or use images hosted on this Website on another website, for any purpose, including, without limitation, posting such images on another website. You agree not to link from any other website to this Website in any manner such that the Website, or any page of the Website, is “framed”, surrounded by or displayed with any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other website at any time on written notice to you. 8. Third Party Websites The Website may contain links to or from third-party websites (“Linked Websites”). PFP does not control or assume any obligation to review any Linked Websites or any link contained in a Linked Website. PFP is not responsible for the content of any Linked Websites or any products, services or other materials relating to such Linked Websites or any link contained in a Linked Website. Any activities you engage in connection with any Linked Website, however, are subject to the privacy policy, conditions of use, and other terms imposed by the operator of the Linked Website, and PFP hereby disclaims all liability, direct or indirect, in connection therewith.  PFP does not endorse, approve, or sponsor any Linked Websites, or any content, advertising, information, materials, products, services, or other items on or available on or from them, and PFP disclaims all liability, direct or indirect, in connection therewith. Any use or reliance on the contents of Linked Websites is done at your own risk and you assume all responsibilities and consequences resulting from such use or reliance. 9. Prohibited Conduct You agree and represent and warrant that you will not: (a) use this Website for any commercial, promotional or political purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products); (b) monitor, gather, copy or harvest any Content, or e-mail addresses, wireless addresses or other contact or personal information, by using any robot, "bot", spider, crawler, spyware, engine, device, software, extraction tool, screen or database scraping, or any other automatic or manual means of obtaining lists of users or other information from or through the Website or the services offered on or through the Website, including without limitation any information residing on any server or database connected to the Website; (c) use any beacons, tags or any other hidden text or data; (d) engage in any activities through or in connection with this Website that seek or attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, or abusive, exploitative of a minor or that violate any right of any third party; (e) circumvent, reverse engineer, decrypt, or otherwise engage in any activity that interferes with a user's access to this Website or the proper operation of this Website or the Website’s services; (f) obtain or attempt to obtain unauthorized access to the Website, or materials or information or other computer systems through the Website; (g) use the Website or the services offered on or through the Website in violation of PFP’s or a third party’s intellectual property or legal rights or otherwise in violation of any applicable law; or (h) impersonate any person or entity or misrepresent your affiliation with any entity in using the Website or its services. 10. Unauthorized Use of the Website PFP reserves the right to investigate and take legal action against any illegal and/or unauthorized use of the Website, including without limitation, any Content, products or services contained on or available via the Website. PFP’s decision not to pursue legal action for any violation of these Terms of Use shall not be construed as a waiver of any of these Terms of Use or the legal rights of PFP. 11. Purchases PFP may offer certain products or services for sale to visitors or registrants of the Website. You must be, and you hereby represent and warrant that you are, 18 years of age or older to make product purchases.  You agree to pay for your purchases in full at the prices in effect at time of purchase. Payments must be made concurrent with your online order via PayPal (or, if applicable, by other payment means acceptable to PFP). You agree to pay all applicable taxes in full. All transactions are final and, except as expressly provided herein, PFP does not issue any refunds. To make a purchase on the Website, you may be asked to provide certain information applicable to your purchase, including first and last name, email address, phone number, shipping address and other information. All such information will be treated by us as set forth in our Privacy Policy. You agree that all information you provide will be true, accurate, current and complete. Verification of information applicable to a purchase may be required prior to our acceptance of any order. PFP reserves the right to modify fees and rates on a going forward basis at any time for any reason in its sole discretion. For products and services featured on our Website, please note that the colors, dimensions, and details that you see on your computer monitor will vary depending on your equipment, so we cannot guarantee that your equipment will accurately display the details of our products and services. Moreover, PFP disclaims any responsibility for any inadvertent mistakes or inaccuracies in any product or service description. While we will use reasonable efforts to make sure the product descriptions set forth on the Website are correct, PFP does not warrant that such product descriptions are accurate, complete, reliable, current or error-free.  We reserve the right, without prior notification, to change such descriptions or references, to change the prices, fees and charges associated with any product or service, to limit the order quantity on any product or service, to reject, correct, cancel or terminate any order, and/or to refuse service to you for any or no reason. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, ALL PRODUCTS AND SERVICES PURCHASED THROUGH THE WEBSITE ARE PROVIDED WITHOUT GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OF IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OUR SOLE AND EXCLUSIVE LIABILITY FOR BREACH OF ANY WARRANTY OR OTHERWISE IN CONNECTION WITH ANY PRODUCT OR SERVICE SHALL BE TO REPLACE THE ITEM OR REFUND THE PURCHASE PRICE AT OUR SOLE ELECTION.  12. Claims of Copyright Infringement The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted on the Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) your name, address, telephone number, and e-mail address; (b) identification of the copyrighted work that you claim has been infringed; (c) identification of the material that is claimed to be infringing on the Website or the subject of infringing activity, and information reasonably sufficient to allow PFP to locate the material on the Website; (d) a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate under penalty of perjury that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and, (f) your electronic or physical signature. PFP will only receive DMCA notices by mail or e-mail at the addresses below: By Mail: Penny-Farthing Productions, Inc. One Sugar Creek Center Blvd., Suite 820 Sugar Land, TX 77478 By E-Mail: corp@pfproductions.com Be aware that there can be penalties for false claims under the DMCA. PFP may elect to not respond to DMCA notices that do not comply with the then-current statutory requirements imposed by the DMCA, and PFP may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the DMCA. 13. Parental Consent You hereby affirm that you are (i) you are either over 13 years of age or you are the parent or legal guardian of a child under the age of 13; (ii) if you are at least 13 years of age but under 18 years of age your parent or guardian has approved of your use of the Website; and (iii) you further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. If you are under 18 years of age, please be sure to read this policy with your parents or legal guardians and ask questions about things you do not understand. We are concerned about the safety of children and their use of the Internet and, in accordance with the U.S. Children’s Online Privacy Protection Act, we do not knowingly request or collect personally identifiable information from anyone under 13 years of age. Please review our Privacy Policy found at http://pfp.thinkfourdesign.com/privacy/ for additional information about the privacy of children on our Website. 14. Sweepstakes, Contests, and Offerings Any sweepstakes, contests, offers or similar activities that are accessible through the Website are governed by specific rules. By entering or participating in such sweepstakes, contests, offers or activities you agree to and will be subject to those rules. We urge you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy found at http://pfp.thinkfourdesign.com/privacy/ which, in addition to this Agreement, governs any information you submit in connection with such sweepstakes, contests, offers and similar activities offered on or through the Website. 15. Term and Termination This Agreement shall remain effective until terminated in accordance with its terms. PFP reserves the right, without any limitation whatsoever, to discontinue this Website and/or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever. This Agreement will also terminate automatically if you fail to comply with any term or provision of this Agreement. Upon any termination, you shall immediately discontinue your use and access of the Website and to immediately destroy all materials obtained from it. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or any part of portion thereof. The provisions of this Agreement which require or contemplate performance after termination, including without limitation all disclaimers, limitations of liability, indemnifications, dispute resolution/governing law and all PFP rights of ownership shall survive beyond the effective date of termination of this Agreement and shall remain in full force and effect. 16. Disclaimers THIS WEBSITE AND ALL SERVICES, PRODUCTS, CONTENT AND FUNCTIONS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WE HEREBY EXPRESSLY DISCLAIM ANY AND ALL SUCH WARRANTIES. PFP  DOES NOT WARRANT THAT THIS WEBSITE OR ANY PRODUCTS, SERVICES OR CONTENT OFFERED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR ACHIEVE A PARTICULAR RESULT, OR THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE WEBSITE, PRODUCTS, SERVICES, CONTENT OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  MOREOVER, PFP DOES NOT REPRESENT OR WARRANT THAT THE CONTENT AVAILABLE VIA THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT, AND PFP IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE WEBSITE. YOUR USE OF THIS WEBSITE AND THE PRODUCTS, SERVICES AND CONTENT OFFERED OR AVAILABLE THROUGH THE WEBSITE IS AT YOUR OWN RISK. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. 17. Limitations of Liability WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT PRODUCT LIABILITY, SHALL PFP, ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, BUSINESS PARTNERS, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, DOWNLOADING OF, INABILITY TO USE OR IMPROPER USE OF THIS WEBSITE OR ANY PRODUCTS, SERVICES OR CONTENT CONTAINED OR DISPLAYED ON OR MADE AVAILABLE VIA THE WEBSITE, LOST BUSINESS OR LOST SALES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THIS WEBSITE TO YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THOSE ASPECTS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IN NO EVENT SHALL PFP BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER THIRD PARTY ON OR THROUGH THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY UNSOLICITED MATERIALS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL PFP’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (IF ANY) EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE WEBSITE OR FOR ANY OF YOUR ACTIVITIES OR PURCHASES ON OR THROUGH THE WEBSITE. California residents expressly agree to waive California Civil Code Sec. 1542, which states: "A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 18. Indemnification You agree to indemnify, defend, and hold harmless PFP, its affiliates and subsidiaries, and their respective officers, employees, agents, business partners, licensors, licensees, successors and assigns from and against any and all damages, losses, liabilities, costs (including reasonable attorneys' fees) and other expenses arising directly or indirectly out of any claim, suit, action, demand, or proceeding arising directly or indirectly out of or from: (a) your violation of these Terms of Use; (b) your use of this Website or products, services or Content displayed, available or obtained on or through the Website; (c) your placement or transmission of any message, content, information, software or other materials on or through the Website (including without limitation any Unsolicited Materials or Posts); (d) your violation of any rights of any third party; and/or (e) your willful misconduct or gross negligence.  PFP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. 19. Dispute Resolution/Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Texas and the laws of the United States, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use, PFP or the Website shall be resolved individually without any resort to class action, and shall be brought exclusively in the appropriate state or federal court located in the County of Fort Bend, State of Texas, United States of America, and you hereby consent and submit to the exclusive personal jurisdiction of such courts for the purposes of litigating any such action. YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE, PFP AND/OR THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. 20. General Provisions A. Assignment You agree that PFP may assign any of its rights and/or transfer, sub-contract or delegate any of its obligations under these Terms of Use.  These Terms of Use are personal to you and may not be transferred or assigned to any third party. B. Force Majeure PFP shall not be liable for any failure to perform in accordance with these Terms of Use which is due to an event beyond the control of PFP including but not limited to any act of God, terrorism, war, political insurgence, insurrection, riot civil unrest act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract which may have been entered into, nor which could have been reasonably foreseen. C. Notice to California Users Under California Civil Code Section 1789.3, residents of the State of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254 or (800) 952-5210. D. Other Countries PFP makes no representation that this Website is appropriate or available for use in other countries. If you choose to use this Website from other locations, you do so on your own initiative and you are responsible for compliance with applicable local laws. Accessing the Website from territories where the Website, or any Content or functionality of the Website or any portion thereof, is illegal and is expressly prohibited. E. Miscellaneous Provisions. If any provision of these Terms of Use is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from the remainder of these Terms of Use and will not affect the validity or enforceability of any remaining provisions.  These Terms of Use set forth the entire agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter. This Agreement may not be changed, waived or modified except by PFP as provided herein or otherwise by written instrument signed by PFP. No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. In these Terms of Use, the word "including" is used illustratively, as if followed by the words "but not limited to". Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. 21. Contacting Us If you have any questions, comments or complaints about these Terms of Use or our Website, please send an e-mail to corp@pfproductions.com or send a letter to: Penny-Farthing Productions, Inc.. One Sugar Creek Center Blvd., Suite 820 Sugar Land, TX 77478 © 2014 Penny-Farthing Productions, Inc. All rights reserved.   Effective as of April 22, 2014
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