Terms of Service

Effective: September 13, 2019

These Terms of Service ("Terms") govern the relationship between you and Andrews McMeel Universal, Inc. (referred to as “Andrews McMeel Universal,” “we,” “our,” or “us”) in connection with your use of TheFarSide.com, which is operated by Andrews McMeel Universal (the "Site").

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. The Site is operated by Andrews McMeel Universal, Inc. "You" are the person or entity using the Site, ordering or using any Products and Services, or as described in the Site registration form you complete.

By accessing or using the Site, ordering or using any Products and Services, or clicking on a button indicating your consent, you agree to these Terms, including but not limited to conducting this transaction electronically and to disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Missouri law. If you do not agree to these Terms, you do not have permission to use the Site. Andrews McMeel Universal reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time. Notification of changes to these Terms will be posted on the Site. If any future changes to these Terms are unacceptable to you, you must discontinue use of the Site.

You may also be subject to additional terms and conditions when you use third-party content, services, or software accessed through or promoted on the Site.

YOU UNDERSTAND AND AGREE THAT (A) THE SITE IS OPERATED SOLELY BY ANDREWS MCMEEL UNIVERSAL AND NOT BY FARWORKS, INC. (“FARWORKS”) OR GARY LARSON AND (B) FARWORKS, GARY LARSON, AND THEIR RESPECTIVE AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, AND REPRESENTATIVES ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR THE SITE OR ITS OPERATION, FOR ANY OF THE ACTIVITIES OR CONTENT OF ANDREWS MCMEEL UNIVERSAL, OTHER USERS, OR ANY THIRD PARTY IN CONNECTION WITH THE SITE, OR FOR ANY PRODUCTS AND SERVICES YOU MAY OBTAIN THROUGH THE SITE.

1. REGISTRATION AND ORDERING OBLIGATIONS

In consideration of your use of the Site, you agree to provide true, accurate, and complete information about yourself as prompted by the Site's registration or ordering process(es), provided that in connection with such registration, you do not need to, and should not, use your full legal name for your username, which may be publicly displayed. In addition, you agree to update your registration information in order to maintain its truth, accuracy, and completeness. Andrews McMeel Universal may deny you access to the Site or reject your order in the event that your information is untrue, inaccurate, or incomplete.

2. AGREEMENT TO DEAL ELECTRONICALLY

All transactions with or through the Site or Andrews McMeel Universal may, at the option of Andrews McMeel Universal, be conducted electronically. Andrews McMeel Universal may keep records of any type of communication conducted via the Site. All electronic records are deemed sent when they are properly addressed to the recipient's designated address or system and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control.

ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE SITE WILL BE DEEMED BINDING ON YOU. You agree that you are solely liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible. If you suspect that someone may have obtained access to your password who is not intended to have authority to act on your behalf, please contact Andrews McMeel Universal immediately.

3. OWNERSHIP AND COPYRIGHT

All content and features on the Site, including all comics, artwork, text, photos, video, images, icons, characters, logos, designs, layouts, domain names, URLs, and other content and materials included in or relating to the Site (with the exception of User Materials, Third-Party Content, and AMU Materials, all as defined below), together with the overall appearance and look and feel of the Site and all copyrights, trademarks, trade dress, derivative works, and other intellectual property rights therein, are the sole and exclusive property of FarWorks or Gary Larson (collectively the "FarWorks Content"). The software that drives the functionality of the Site and enables its presentation, the Digital Products and Services (excluding any FarWorks Content or User Materials contained therein), and any Andrews McMeel Universal-specific content and logos are the exclusive property of Andrews McMeel Universal or its suppliers (the “AMU Materials”). The FarWorks Content, User Materials, Third-Party Content, and AMU Materials are collectively referred to as “Site Materials.”

All Site Materials are protected by U.S. and international copyright laws. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, YOU DO NOT HAVE ANY RIGHTS, BY IMPLICATION, ESTOPPEL, OR OTHERWISE, TO USE THE SITE, THE SITE MATERIALS, OR ANY DIGITAL PRODUCTS AND SERVICES OFFERED ON THE SITE. NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU. The law provides for civil and criminal penalties for copyright and other intellectual property law infringements. Displaying, storing, copying, sharing, or otherwise making available any portion of the Site Materials (whether on another website or otherwise) without the express written permission of Andrews McMeel Universal or the applicable copyright owner is expressly prohibited.

4. LIMITED NONCOMMERCIAL LICENSE TO USE SITE, PRODUCTS, AND SERVICES

Subject to the terms and conditions set forth in these Terms, Andrews McMeel Universal hereby grants you the limited right to view and use the Site only for the purposes of accessing information or placing product orders for Products and Services (as defined below) and viewing Site Materials. Andrews McMeel Universal reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site, including as described in Section 20. This license is limited to personal and noncommercial uses by you. Unless you have received specific written permission from Andrews McMeel Universal, you may not (a) "frame" or otherwise impose editorial comment, commercial material, or any information or content on, or in proximity to, content displayed on the Site; (b) alter or modify any content on the Site; (c) present, display or link to the Site's content in any manner other than the context in which it is presented by Andrews McMeel Universal, including, without limitation, directly linking to comic images; (d) reproduce or distribute any content except as expressly authorized on the Site and subject to any applicable terms and conditions; or (e) present, display, or link to the Site's content in any manner that bypasses or circumvents the Site's advertising and/or informational features. All rights not licensed herein are hereby reserved to Andrews McMeel Universal, FarWorks, or its suppliers, as applicable.

5. USER MATERIALS

You understand that all content, data, comments, information, text, data, software, sounds, photographs, audio, audiovisual, video, artwork, graphics, messages, and other materials of any nature that are posted on or transmitted to or via the Site by you or any other user ("User Materials") are the sole responsibility of the person from which the User Materials originated. This means you, and not Andrews McMeel Universal, are entirely responsible for the User Materials you post or transmit. Further, you understand that by using the Site you may be exposed to User Materials that are offensive or objectionable.

You may post, upload, transmit, or otherwise distribute User Materials through the Site solely as expressly authorized on the Site and subject to any applicable terms and conditions, including the following:

You shall not create a username or screen name or upload to, distribute through, or otherwise publish through the Site any User Materials that are indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, contain expressions of hatred, bigotry, racism, or pornography; or are otherwise objectionable; or that would constitute or encourage a criminal offense, violate the rights of any party, or violate any law.
Your User Materials shall not infringe the copyright, trademark, publicity/privacy right, or other intellectual property right of any third party.
You shall not upload to, distribute through, or otherwise publish through the Site any User Materials that are directly or indirectly commercial in nature or contain any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other users to join or become users or members of any commercial online websites or other organization is expressly prohibited.
You shall not upload to, distribute through, or otherwise publish through the Site any User Materials that contain viruses or any other computer code, corrupt files, or programs designed to interrupt, destroy, or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers, or other equipment.
You acknowledge that Andrews McMeel Universal does not routinely prescreen any User Materials posted by you or other users but that Andrews McMeel Universal and its designees shall have the right (but not the obligation) in their sole discretion, and without notice, to refuse or remove any User Materials, including those that violate the Terms or are otherwise objectionable, as well as terminate your access to the Site. Andrews McMeel Universal may establish practices and limits concerning the use of the Site, Site Materials, and Products and Services. You agree that Andrews McMeel Universal has no liability or responsibility for the storage or deletion of any User Materials that you submit or post. Andrews McMeel Universal reserves the right to change these general practices and limits at any time in its sole discretion, with or without notice.

Except as otherwise provided in these Terms, on the Site, or in a separate agreement, Andrews McMeel Universal does not claim ownership in User Materials you submit. However, by submitting User Materials in any form to Andrews McMeel Universal, in addition to other provisions of the Terms, you automatically grant Andrews McMeel Universal and to users of the Site a royalty-free, worldwide, nonexclusive, sublicensable, and assignable right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display, publicly perform, and otherwise exploit such User Materials on and in connection with the Site and as otherwise provided for in connection with your submission of the User Materials. Such use will include displaying and promoting the User Materials on the Site and in any related marketing materials for the Site. The foregoing license granted by you terminates with respect to any new uses once you, or Andrews McMeel Universal, remove or delete User Material from the Site, but the license will continue in perpetuity with respect to any use commenced prior to such removal or deletion that may continue beyond removal. You obtain no rights in any form, media, or technology incorporating the User Materials.

6. THIRD-PARTY CONTENT

The Site may include third-party content and may provide links to web pages and content of third parties (collectively the "Third-Party Content") as a service to those interested in this information. Andrews McMeel Universal does not control, endorse, or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that neither Andrews McMeel Universal nor FarWorks is responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content contained therein at their own risk.

7. PRODUCTS AND SERVICES

From time to time, Andrews McMeel Universal may offer you the ability to purchase or use certain products, services, or software either at no charge or for a fee ("Products and Services"). For example, Andrews McMeel Universal may sell or provide books, art prints, compilations, calendars, novelties, chat areas, subscriber-only areas, bulletin boards, email functions, software downloads, multiplayer games, and software that allows you to create greetings, puzzles, photographs, cartoons, etc.

The Products and Services that are made available to you are the copyrighted work of Andrews McMeel Universal, FarWorks, and/or their suppliers. The use of any Products and Services that constitute software, applications, or digital goods ("Digital Products and Services") shall be governed by the end user license agreement ("EULA") that accompanies or is included in such Digital Products and Services or is expressly stated on the Site pages accompanying the Digital Products and Services and these Terms. In the event that no EULA accompanies any Digital Products and Services, then the Terms shall govern your use of such Digital Products and Services. You may not download or use any Digital Products and Services from the Site without agreeing to the EULA, if any, and these Terms. Certain Digital Products and Services may be owned by third parties and distributed under a third-party EULA, and you agree that neither Andrews McMeel Universal nor FarWorks shall be responsible for any loss or damage of any sort relating to your dealings with such third parties. You understand and agree that FarWorks is not responsible for any Digital Products and Services provided through the Site or by Andrews McMeel Universal, nor is FarWorks responsible for your dealings with Andrews McMeel Universal or any other third party.

Digital Products and Services may contain third-party digital-rights management systems ("DRMS"), which may allow for communication between your software and the third party and utilize security features (e.g., preventing distribution of or access to such Digital Products and Services for unauthorized use). These DRMS are subject to their own license agreements, and you agree that neither Andrews McMeel Universal nor FarWorks shall be responsible for any loss or damage of any sort relating to your dealings with such third parties.

Unless expressly stated otherwise in the EULA, you are granted a limited license to download and/or use the Digital Products and Services for personal and noncommercial purposes. You may not make copies of or distribute any Digital Products and Services or electronically transfer any Digital Products and Services from one device to another or over a network. You may not decompile, reverse engineer, disassemble, or otherwise reduce any Digital Products and Services to human perceivable form. You may not rent, lease, or sublicense Digital Products and Services. You may not create derivative works of any Digital Products and Services, and you may not export any Products and Services in violation of any U.S. or foreign law, rule, or regulation.

8. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICES

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Andrews McMeel Universal has adopted a policy of terminating, in appropriate circumstances and at Andrews McMeel Universal's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Andrews McMeel Universal may also, at its sole discretion, limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, and also reserves the right to block, disable, or otherwise remove any content or materials uploaded to the Site.

If you believe that anything on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

Name of Agent Designated to Receive Notification of Claimed Infringement: Seigfreid Bingham, P.C.

Full Address of Designated Agent to Which Notification Should be Sent:

Seigfreid Bingham, P.C.
ATTN: DMCA Agent
2323 Grand Boulevard, Suite 1000
Kansas City, MO 64108
USA

Telephone Number of Designated Agent: 816 421-4460

Email Address of Designated Agent: dmcanotice@sb-kc.com

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification.

9. PRIVACY POLICY

Please carefully review our Privacy Policy for information on how Andrews McMeel Universal collects, uses, and discloses personally identifiable information from its users.

10. SUBMISSIONS

Neither Andrews McMeel Universal nor FarWorks want to receive submissions or other confidential or proprietary information from you through the Site, by email or otherwise. You understand and agree that in the absence of an express written agreement between you and an authorized Andrews McMeel Universal or FarWorks employee (as applicable), any questions, comments, suggestions, ideas, notes, artwork, comics, creative materials, or other content, information, or feedback that you submit to Andrews McMeel Universal or FarWorks in any manner regarding the Site, Andrews McMeel Universal, FarWorks, the FarWorks Content, or any FarWorks or Andrews McMeel Universal products or services (collectively the “Submissions”) will be treated as nonconfidential and may be disseminated, used, or otherwise exploited in any manner by Andrews McMeel Universal, FarWorks, or their affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products.

11. ECOMMERCE

You agree that any order you enter on the Site is an offer to buy from Andrews McMeel Universal, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with an order number and details of the items you have ordered.

Payment terms and refund information (if applicable) for orders of Products and Services are provided in the ordering process and/or on the Help page in connection with ordering that product. Prices posted on the Site may be different than prices offered at other locations or through other channels. All prices, discounts, and promotions posted on the Site are subject to change without notice. The price charged for any product or service, including any Products and Services, will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

Terms of payment are within our sole discretion, and payment must be received by us before our acceptance of an order. You represent and warrant that (a) the credit card information you supply to us is true, correct, and complete; (b) you are duly authorized to use such credit card for the purchase; (c) charges incurred by you will be honored by your credit card company; and (d) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

We will arrange for shipment of any physical products to you in accordance with your requested delivery options. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. All purchases are made directly from Andrews McMeel Universal and not from FarWorks; and FarWorks shall have no responsibility or liability for any purchases of Products or Services made through the Site.

12. INDEMNITY

You agree to defend, indemnify, and hold Andrews McMeel Universal, FarWorks, and their respective parent companies, affiliates, officers, agents, partners, and employees harmless from any claim, demand, judgment, liability, costs, or expenses, including reasonable attorneys' fees, arising out of (a) your User Materials; (b) your use of the Site; (c) your violation of these Terms, including any breach or alleged breach of any representation or warranty; or (d) your violation of any third party's rights including such party's copyrights and trademarks.

13. DISCLAIMER OF WARRANTIES

EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT (SUCH AS A EULA) BETWEEN YOU AND ANDREWS MCMEEL UNIVERSAL, THE SITE, THE SITE MATERIALS, AND ANY PRODUCTS AND SERVICES OFFERED TO YOU AT OR THROUGH THE SITE OR OTHERWISE ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND AND WITH ALL RISKS. ANDREWS MCMEEL UNIVERSAL HEREBY DISCLAIMS, ON BEHALF OF ITSELF AND FARWORKS, TO THE MAXIMUM EXTENT PERMITTED BY LAW (A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AVAILABILITY OF THE SITE; NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SITE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT, OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE, THE SITE MATERIALS, THE PRODUCTS AND SERVICES, OR RELATED INFORMATION. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IN CONNECTION WITH THE SITE, THE SITE MATERIALS, THE PRODUCTS AND SERVICES, AND RELATED INFORMATION IS BORN BY YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

14. ASSUMPTION OF RISK

YOU ASSUME ALL RISKS THAT THE SITE, THE SITE MATERIALS, THE PRODUCTS AND SERVICES, AND RELATED INFORMATION THAT YOU MAY ACCESS ON OR VIA THE SITE ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. ANY PRODUCTS, SERVICES, CONTENT, OR INFORMATION DOWNLOADED OR OTHERWISE ACCESSED OR OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA. BY PARTICIPATING IN MULTIPLAYER GAMES, VISITING CHAT ROOMS, OR READING MATERIAL POSTED TO OR VIA THE SITE OR OTHERWISE USING THE SITE OR PRODUCTS AND SERVICES (INCLUDING THROUGH A THIRD-PARTY PLATFORM), YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT NEITHER ANDREWS MCMEEL UNIVERSAL NOR FARWORKS SHALL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD-PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE OR WITH ANY THIRD-PARTY PLATFORM ACCESSED THROUGH OR IN CONNECTION WITH THE SITE.

15. NO INCIDENTAL, CONSEQUENTIAL, OR CERTAIN OTHER DAMAGES

TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER ANDREWS MCMEEL UNIVERSAL NOR FARWORKS (NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS) WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY, OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE, OR OF WORKMANLIKE EFFORT) OR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE, THE SITE MATERIALS, THE PRODUCTS AND SERVICES, OR RELATED INFORMATION, OR TO ANY BREACH OF THESE TERMS, EVEN IF ANDREWS MCMEEL UNIVERSAL OR FARWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), OR STRICT OR PRODUCT LIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

16. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY

YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY ANDREWS MCMEEL UNIVERSAL OR ANY OF ANDREWS MCMEEL UNIVERSAL AFFILIATES OR AGENTS SHALL BE, AT THE OPTION OF ANDREWS MCMEEL UNIVERSAL, (A) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE PRODUCTS AND SERVICES THAT GIVE RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON ANDREWS MCMEEL UNIVERSAL; OR (B) REFUND OF THE AMOUNT THAT YOU PAID TO ANDREWS MCMEEL UNIVERSAL. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU UNDERSTAND THAT THIS SITE IS OPERATED SOLELY BY ANDREWS MCMEEL UNIVERSAL, AND NOT FARWORKS, AND THAT FARWORKS HAS NO LIABILITY OF ANY KIND RELATED TO BREACH OF THESE TERMS.

THE SOLE AND ENTIRE MAXIMUM LIABILITY OF ANDREWS MCMEEL UNIVERSAL OR FARWORKS, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE LESSER OF THE ACTUAL AMOUNT PAID BY YOU TO SUCH PARTY FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH THE SITE OR TWENTY-FIVE DOLLARS ($25.00).

17. YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant for the benefit of Andrews McMeel Universal, FarWorks, Andrews McMeel Universal suppliers, and any third parties mentioned on the Site, in addition to other representations and obligations contained in these Terms, that (a) you possess the legal right and ability to enter into and make the representations and warranties contained in these Terms; (b) all information submitted by you to the Site is true and accurate; (c) you will keep your registration information current; (d) you will be responsible for all use of your password and/or phone number even if such use was conducted without your authority or permission; (e) you will not use the Site for any purpose that is unlawful or prohibited by these Terms; (f) you are the owner of the User Materials you post or submit, and they are original to you; (g) your User Materials do not infringe or violate any third-party right, such as copyright, trademark, and publicity/privacy right; and (h) your User Materials do not constitute defamation or libel or otherwise violate the law.

18. LINKS; ADVERTISERS

The Site contains links to third-party sites that are not under the control of Andrews McMeel Universal, and neither Andrews McMeel Universal nor FarWorks is responsible for any content on any linked websites. If you access a third-party website from the Site, then you do so at your own risk. Andrews McMeel Universal provides links only as a convenience, and the inclusion of the link does not imply that Andrews McMeel Universal or FarWorks endorses or accepts any responsibility for the content on those third-party sites. Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that neither Andrews McMeel Universal nor FarWorks shall be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

19. INTERNATIONAL USAGE

The Site is controlled and operated by Andrews McMeel Universal from its offices within Missouri, United States of America. Andrews McMeel Universal makes no representation that the Site, Products and Services, or related information offered by Andrews McMeel Universal are appropriate or available in other locations.

20. TERMINATION OR CANCELLATION OF ACCESS; MODIFICATIONS TO THE SITE AND PRODUCTS AND SERVICES

Andrews McMeel Universal may terminate or cancel your access rights to the Site and any Products and Services in its sole discretion immediately with or without notice, for any reason or for no reason, including if you violate these Terms. Andrews McMeel Universal may also block your use of the Site or direct you to cease using it. Andrews McMeel Universal reserves the right at any time to modify or discontinue the Site, Products and Services, or any part thereof, and you agree that neither Andrews McMeel Universal nor FarWorks shall be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, Products and Services, or any part thereof or any termination of your access to the Site.

21. EXCLUSIVE JURISDICTION

These Terms shall be governed by the laws of the State of Missouri without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms, the Site, or any Products and Services shall be litigated or otherwise heard in the appropriate forum in Jackson County, Missouri. The parties hereto hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the County of Jackson, Missouri, and hereby waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Missouri law.

22. ENTIRE AGREEMENT

These Terms, as amended, your registration forms, and the disclosures provided by Andrews McMeel Universal and the consents provided by you, constitute the entire agreement between you and Andrews McMeel Universal. If the Site includes site-specific terms of use, then those site-specific terms of use shall control in the event of any conflict with these Terms, but solely with respect to the Site. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Failure by Andrews McMeel Universal to act with respect to a breach by you or others does not waive the right of Andrews McMeel Universal to act with respect to subsequent or similar breaches.

23. AMENDMENTS

You agree that Andrews McMeel Universal may amend or modify these Terms or impose new conditions at any time by updating these Terms on the Site (and updating the date at the top) or upon other notice from Andrews McMeel Universal to you, including notice published through the Site. Any use of the Site or order by you after such updating shall be deemed to constitute acceptance of such amendments, modifications, or new conditions. If you do not want to be bound by an amendment, refrain from using the Site or using or ordering Products and Services after that date.

24. NOTICES

Except as expressly stated otherwise, any notices required or allowed under these Terms shall be given to Andrews McMeel Universal by postal mail to: Andrews McMeel Universal, 1130 Walnut St., Kansas City, MO 64106, USA, or to a successor address that Andrews McMeel Universal makes available on the Site or through other reasonable manner. If applicable law requires that Andrews McMeel Universal accepts email notices (but not otherwise), then you may send Andrews McMeel Universal email notice using the Andrews McMeel Universal Contact Form at http://www.gocomics.com/help/contact/. With respect to notices from Andrews McMeel Universal to you, Andrews McMeel Universal may provide notice of amendments by posting them in the Site, and you agree to check for changes. Notice shall be deemed given twenty-four hours after it is posted or an email is sent, unless (as to email) the sending party is notified that the email address is invalid. Please note that any communications or notices provided through the Site or directed to points of contact listed on the Site, including any other Site affiliated with Andrews McMeel Universal, do not constitute notice to FarWorks or Gary Larson, and you should not attempt to communicate with FarWorks or Gary Larson through the Site.

The Andrews McMeel Universal name and street address is Andrews McMeel Universal, 1130 Walnut St., Kansas City, MO 64106, USA. You can also contact Andrews McMeel Universal through this form: http://www.gocomics.com/help/contact/.

TRADEMARK NOTICE

The Far Side®, FarWorks, Inc.®, Tales From The Far Side®, the Larson® signature, the Amoeba® logo, and the Cow® logo are registered trademarks of FarWorks, Inc., in the United States and/or in other countries. Other product names, service marks, trade names, logos, designs, characters, titles, words, or phrases used on the Site, including, without limitation, Andrews McMeel Universal and any logos or other marks, are owned by their respective owners and licensors. Such trademarks, service marks, and trade names may be registered in the United States and internationally. All rights reserved.