the Graphic Arts
divisions of Schmidt Enterprises
this WebSite. Photographs included in this WebSite were taken over a
period of several years. Any use of the Photographs or content
without written permission is a violation
of the law.
© COPYRIGHT - The
Images contained on this website are protected by copyright laws. Any
reproduction of them without written permission of the copyright owner is a
violation of United States Copyright Law and is punishable by up to a
the creators of this WebSite have tried to be as accurate as possible,
errors do occur. If you spot an error, please contact us so we
my make the corrections.
We will attempt to keep this
WebSite as up-to-date as possible.
READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
the right, at our discretion, to change, modify, add, or remove portions
of these terms at any time. Please check these terms periodically for
changes. Your continued use of this WebSite following the
posting of changes to these terms (including our WebSite Privacy
Policy and House Rules) will mean you accept those changes.
RESTRICTIONS ON USE OF MATERIALS
This site is owned and
operated and copyrighted by TomCat Productions & Studios (referred to
as "TomCat," "we," "us," or "our"
herein). No material from this website may be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed in any way,
except that you may download one copy of the materials on any single
computer for your personal, non-commercial home use only, provided you
keep intact all copyright and other proprietary notices. Modification of
the materials or use of the materials for any other purpose is a violation
of TomCat's copyright and other proprietary rights. For purposes of these
terms, the use of any such material on any other Web site or networked
computer environment is prohibited. All trademarks, service marks, and
trade names are proprietary to TomCat Productions & Studios
In the event you
download software from the site, the software, including any files, images
incorporated in or generated by the software, and data accompanying the
software (collectively, the "Software") are licensed to you by
TomCat. TomCat does not transfer title to the Software to you. You own the
medium on which the Software is recorded, but TomCat retains full and
complete title to the Software, and all intellectual property rights
therein. You may not redistribute, sell, decompile, reverse engineer,
disassemble, or otherwise reduce the Software to a human-perceivable form.
Productions & Studios is pleased to hear from our loyal fans and
welcomes your comments regarding TomCat Productions & Studios products
and services, including TomCat Production's online services.
Unfortunately, however, TomCat's company policy does not allow it to
accept or consider creative ideas, suggestions, or materials other than
those it has specifically requested. We hope you will understand that it
is the intent of this policy to avoid the possibility of future
misunderstandings when projects developed by TomCat's professional staff
might seem to others to be similar to their own creative work.
Accordingly, we must, regretfully, ask that you do not send us any
original creative materials such as stories or character ideas, or
screenplays. While we do value your feedback on our services and products,
we request that you be specific in your comments on those services and
products, and not submit any creative ideas, suggestions, or materials.
If at our request you
send certain specific submissions (e.g., postings to TomCat Productions
& Studios' art / photos, chat boards, or contests) or, despite our
request that you not send us any other creative materials, you send us
creative suggestions, ideas, notes, concepts, or other information
(collectively, the "Submissions"), the Submissions shall be
deemed, and shall remain, the property of TomCat. None of the Submissions
shall be subject to any obligation of confidence on the part of TomCat,
and TomCat shall not be liable for any use or disclosure of any
Submissions. Without limitation of the foregoing, TomCat shall exclusively
own all now known or hereafter existing rights to the Submissions of every
kind and nature throughout the universe and shall be entitled to
unrestricted use of the Submissions for any purpose whatsoever, commercial
or otherwise, without compensation to the provider of the Submissions.
FORUMS AND PUBLIC COMMUNICATION
means a chat area, bulletin board, or e-mail function offered as part of this
WebSite. You shall not upload to, distribute through, or otherwise
publish through this WebSite any content which is libelous,
defamatory, obscene, pornographic, threatening, invasive of privacy or
publicity rights, abusive, illegal, or otherwise objectionable that would
constitute or encourage a criminal offense, violate the rights of any
party, or that would otherwise give rise to liability or violates any law.
Forums shall be used only in a noncommercial manner. You shall not,
without our express approval, distribute or otherwise publish any material
containing any solicitation of funds, promotion, advertising, or
solicitation for goods or services. You specifically acknowledge that
soliciting other WebSite guests to join or become members of any
commercial online service or other organization is expressly prohibited.
You must also follow the House Rules whenever you are using this
WebSite. It is our policy to respect the privacy of all guests.
Therefore, in addition to the privacy of Registration data, (see our
guest's e-mail unless required in the course of normal maintenance of this
WebSite and its systems or unless required to do so by law or in the
good-faith belief that such action is necessary to: (1) comply with the
law or comply with legal process served on TomCat; (2) protect and defend
the rights or property of TomCat; or (3) act in an emergency to protect
the personal safety of our guests or the public. Guests shall remain
solely responsible for the content of their messages.
By uploading materials
to any Forum or submitting any materials to us, you automatically grant
(or warrant that the owner of such rights has expressly granted) us a
perpetual, royalty-free, irrevocable, non-exclusive right and license to
use, reproduce, modify, adapt, publish, translate, create derivative works
from and distribute such materials or incorporate such materials into any
form, medium, or technology now known or later developed throughout the
universe. In addition, you warrant that all so-called "moral
rights" in those materials have been waived.
specified, the materials in the site are presented solely for the purpose
of promoting programs, films, and other products available in the United
States, its territories, possessions, and protectorates. This site is
controlled and operated by TomCat from its offices within the State of
Illinois, United States of America. TomCat makes no representation that
materials in the site are appropriate or available for use in other
locations. Those who choose to access this site from other locations do so
on their own initiative and are responsible for compliance with local
laws, if and to the extent local laws are applicable. Software from this
site is further subject to United States export controls. No software from
this site may be downloaded or otherwise exported or reexported (i) into
(or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran,
Syria, or any other country to which the U.S. has embargoed goods; or (ii)
to anyone on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Deny Orders. By
downloading or using the Software, you represent and warrant that you are
not located in, under the control of, or a national or resident of any
such country or on any such list.
These terms are
effective until terminated by either party. You may terminate these terms
at any time by destroying all materials obtained from this WebSite
and all related documentation and all copies and installations thereof,
whether made under the terms of these terms or otherwise. These terms will
terminate immediately without notice from TomCat if in TomCat's sole
discretion you fail to comply with any term or provision of these terms.
Upon termination, you must destroy all materials obtained from this site
and all copies thereof, whether made under the terms of these terms or
THE MATERIALS IN THIS
SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND
EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, TomCat DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. TomCat DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES
IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TomCat DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT TomCat) ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE
LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TomCat BE
LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE
OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF TomCat OR
A TomCat AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL TomCat's TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE)
EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
These terms shall be
governed by and construed in accordance with the laws of the State of
Illinois, 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 shall be filed only in the state or federal courts located in
Lake County and you hereby consent and submit to the personal jurisdiction
of such courts for the purposes of litigating any such action. 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. This is the entire agreement between us relating to
the subject matter herein and shall not be modified except in writing,
signed by both parties.
The policies below are applicable to this
WebSite, a site on the World Wide Web, owned and operated by TomCat
Productions & Studios.
TomCat collects personally identifying
information only during (i) contest or sweepstakes registration and (ii)
subscription registration for sites which require subscription. In
addition, information is collected in certain portions of sites in which
guests specifically and knowingly provide such information along with
content submissions, community postings (i.e., chat or bulletin boards),
suggestions, or voting. TomCat may use such information for editorial and
addresses are never posted on this WebSite.
Information submitted at the time of registration
or submission may be used for marketing and promotional purposes by TomCat
Productions & Studios and may be shared with companies that have been
pre-screened by TomCat Productions & Studios. If a guest objects to
such use for any reason, he / she may stop that use - either by e-mail
request or by modifying his/her registration information online.
By using this site, you signify your assent to the
this policy, please do not use the site. We reserve the right, at our
discretion, to change, modify, add, or remove portions of this policy at
any time. Please check this page periodically for changes. Your continued
use of this WebSite following the posting of changes to these terms
will mean you accept those changes.