1. Limited License
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 firstname.lastname@example.org.
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
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.
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
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 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.
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:
Penny-Farthing Productions, Inc.
One Sugar Creek Center Blvd., Suite 820
Sugar Land, TX 77478
By E-Mail: email@example.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.
14. Sweepstakes, Contests, and Offerings
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.
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.”
19. Dispute Resolution/Governing Law
20. General Provisions
B. Force Majeure
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.
21. Contacting Us
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