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 $10,000 fine.
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
It is our policy to respect the privacy of all guests. Therefore, in
will not monitor, edit, or disclose the contents of a 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.
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
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
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 feedback purposes.
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
to 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.