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T.A. Hamilton
Productions
(www.tahamilton.com)
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 T.A. Hamilton Productions (www.tahamilton.com)
following the posting of changes to these terms (including the T.A. Hamilton
Productions Privacy Policy) will mean you accept those changes.
RESTRICTIONS
ON USE OF MATERIALS
This site is
owned and operated by T.A. Hamilton Productions (referred to as "tahamilton.com"
herein). No material from T.A. Hamilton Productions (www.tahamilton.com)
may be copied, reproduced, republished, uploaded, posted, transmitted,
or distributed in any way, except that you may download Promotional Materials
from T.A. Hamilton's Electronic Press Kit Area, provided your use of said
materials is to assist in the booking of a personal appearance or for promotion
of a personal appearance of T.A. Hamilton or a T.A. Hamilton Production.
T.A. Hamilton Productions expressly retains full copyright control over
said downloadable promotional materials and may change the materials at
any time. The images must remain intact and may only be modified to place
Date, Time and Venue Information within. kModification of the materials
or use of the materials for any other purpose is a violation of T.A. Hamilton
Production's copyright and other proprietary rights. Beyond the scope of
the previously stated authorized uses, the use of any proprietary
material on any other Web site or networked computer environment is prohibited.
All trademarks, service marks, and trade names are proprietary to T.A.
Hamilton Productionse and/or their respective authors.
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") is licensed to you by T.A.
Hamilton Productions and does not transfer title of the Software
to you. You own the medium on which the Software is recorded, but T.A.
Hamilton Productions 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.
It is our policy
to respect the privacy of all guests. Therefore, in addition to the privacy
of Newsletter Registration data, (see our Privacy Policy), and our T.A.
Hamlton World of Magic Secrets Online Catalog Order Information, we will
not edit, or disclose the contents of a guest's e-mail unless required
in the course of normal maintenance of www.tahamilton.com 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 T.A. Hamilton Productions; (2) protect and defend the rights
or property of T.A. Hamilton Productions; 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 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
This site is
controlled and operated by T.A. Hamilton Productions from its offices within
the State of Kansas, United States of America. T.A. Hamilton 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 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 T.A. Hamilton Productions
(www,.tahamilton.com) 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
T.A. Hamilton Productions if in T.A. Hamilton Production'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
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LAW, T.A. Hamilton Productions (www.tahamilton.com) DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
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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. T.A. Hamilton 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 T.A. Hamilton Productions) 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 T.A. Hamilton 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 T.A.
Hamilton Productions OR A T.A. Hamilton 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 T.A. Hamilton 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
Kansas, 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 Johnson County Kansas 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.
T.A. Hamilton
Productions ONLINE PRIVACY POLICY
The policies
below are applicable to T.A. Hamilton Productions (www.tahamilton.com),
a site on the World Wide Web, owned and operated by T.A. Hamilton Productions.
T.A. Hamilton
Productions collects personally identifying information only during (i)
contest or sweepstakes registration and (ii) subscription registration
for our Newsletter which requires subscription. In addition, information
is collected in certain portions of site in which guests specifically and
knowingly provide such information along with content submissions, suggestions,
or voting. T.A. Hamilton Productions may use such information for editorial
and feedback purposes. Guests' e-mail addresses are never posted on www.tahamilton.com.
Information submitted
at the time of registration or submission may be used for marketing and
promotional purposes by T.A. Hamilton 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 T.A. Hamilton 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 www.tahamilton.com following
the posting of changes to these terms will mean you accept those changes. |