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VisualTHUNDER
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TomCat Productions
& Studios |
created this
WebSite for CarolAnn Photography. Photographs and Graphics included in
this WebSite copyrighted. 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.
 While
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.
The following
WebSites listed below are sites
created by or with the assistance of TomCat.
We will attempt to keep this WebSite as
up-to-date as possible.
PLEASE
READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By
using this site, you signify your assent to these terms of use. If you
do not agree to these terms of use, please do not use the site. We
reserve 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 CarolAnn Photography (referred to
as "CarolAnn Photography," "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 CarolAnn Photography'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 CarolAnn Photography
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 CarolAnn Photography. CarolAnn Photography does not
transfer title to the Software to you. You own the medium on which the
Software is recorded, but CarolAnn Photography 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.
SUBMISSIONS
CarolAnn Photography
is pleased to hear from our loyal fans and welcomes your comments
regarding CarolAnn Photography products and services, including CarolAnn
Photography Production's online services. Unfortunately, however,
CarolAnn Photography'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 CarolAnn Photography'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 CarolAnn
Photography' 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 CarolAnn Photography. None of
the Submissions shall be subject to any obligation of confidence on the
part of CarolAnn Photography, and CarolAnn Photography shall not be
liable for any use or disclosure of any Submissions. Without limitation
of the foregoing, CarolAnn Photography 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
"Forum"
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.
The
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 Privacy Policy),
we 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 CarolAnn Photography; (2) protect
and defend the rights or property of CarolAnn Photography; 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.
JURISDICTIONAL ISSUES
Unless otherwise
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 CarolAnn Photography from its offices
within the State of Illinois, United States of America. CarolAnn
Photography 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.
TERMINATION
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
CarolAnn Photography if in CarolAnn Photography'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
otherwise.
DISCLAIMER
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, CarolAnn Photography DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
CarolAnn Photography 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. CarolAnn Photography 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 CarolAnn Photography)
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
UNDER NO
CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CarolAnn
Photography 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 CarolAnn Photography OR A CarolAnn Photography 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 CarolAnn Photography'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.
OTHER
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.
TomCat's ONLINE PRIVACY POLICY
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The policies below are applicable
to this WebSite, a site on the World Wide Web, owned and
operated by CarolAnn Photography.
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CarolAnn Photography 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. CarolAnn
Photography may use such information for editorial and feedback
purposes.
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Guests' e-mail 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 CarolAnn Photography and may be shared with companies that
have been pre-screened by CarolAnn Photography. 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 CarolAnn Photography Privacy Policy. If you do not agree 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.
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