TomCat Productions
the Graphic Arts division of Schmidt Enterprises created this WebSite. Photographs included in this WebSite were taken over a period of years. All photographs are copyrighted as is this entire WebSite. Any use of the Photographs or content without permission is a violation of the law.
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.
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 Ice Cream And More, Inc. following the posting of changes to these terms (including the Ice Cream And More, Inc. Privacy Policy and House Rules) will mean you accept those changes.
RESTRICTIONS ON USE OF MATERIALS
This site is owned and operated by TomCat Productions (referred to as "TomCat," "we," "us," or "our" herein). No material from Ice Cream And More, Inc. 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.
SUBMISSIONS
TomCat Productions is pleased to hear from our loyal fans and welcomes your comments regarding TomCat Productions or Ice Cream And More, Inc. products, 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' 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
"Forum" means a chat area, bulletin board, or e-mail function offered as part of Ice Cream And More, Inc. . You shall not upload to, distribute through, or otherwise publish through Ice Cream And More, Inc. 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 Ice Cream And More, Inc. 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 Ice Cream And More, Inc. .
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 Ice Cream And More, Inc. 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.
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 TomCat from its offices within the State of Illinois, United States of America. TomCat Productions 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 re-exported (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 Ice Cream And More, Inc. 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 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, TomCat DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TomCat Productions 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 Productions 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
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TomCat Productions 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 Productions OR A TomCat Productions 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 Production'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 Productions ONLINE PRIVACY POLICY
The policies below are applicable to Ice Cream And More, Inc. , a site on the World Wide Web, owned and operated by TomCat Productions.
TomCat Productions 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.
Guests' e-mail addresses are never posted on Ice Cream And More, Inc. .
Information submitted at the time of registration or submission may be used for marketing and promotional purposes by TomCat Productions and may be shared with companies that have been pre-screened by TomCat Productions. 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 TomCat Productions 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 Ice Cream And More, Inc. following the posting of changes to these terms will mean you accept those changes.
1999-2011