RESTRICTIONS ON USE OF MATERIALS.
This site is owned and operated by T.M. LINDSEY (referred to as "T.M. LINDSEY," "we," "us," or "our" herein). No material from T.M. LINDSEY.com or any Web site or Blog owned, operated, licensed or controlled by T.M. LINDSEY may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except by written permission from T.M. LINDSEY and provided you keep intact all copyright and other proprietary notices and link directly to T.M. Lindsey.com. Modification of the materials or use of the materials for any other purpose is a violation of T.M. LINDSEY's copyright and other proprietary rights. For purposes of this Agreement, 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 T.M. LINDSEY unless otherwise noted.
In the event you download images and/or data from this site, the images and/or data (collectively, the "Data") are licensed to you by T.M. LINDSEY. T.M. LINDSEY does not transfer title to the Data to you. You own the medium on which the Data is recorded, but T.M. LINDSEY retains full and complete title to the Data, and all intellectual property rights therein (unless otherwise noted). You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Data to a human-perceivable form.
T.M. LINDSEY is pleased to hear from customers and fans and welcomes your comments regarding T.M. LINDSEY products, including T.M. LINDSEY's artistic services. Unfortunately, however, T.M. LINDSEY's company policy does not allow it to accept or consider original product or services ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that the intent of this policy to avoid the possibility of future misunderstandings when projects developed by T.M. LINDSEY might seem to others to be similar to their own creative work. Accordingly, we ask that you do not send us any original creative materials such as stories or original artwork. We do value your feedback on our services and products and we request that you be specific in your comments on those services and products. Any photographs sent by you to T.M. Lindsey of merchandise, artwork or services purchased or contracted from T.M. Lindsey, remain your property.
If, despite our request that you not send us any creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of T.M. LINDSEY. None of the Information shall be subject to any obligation of confidence on the part of T.M. LINDSEY and T.M. LINDSEY shall not be liable for any use or disclosure of any Information.
Without limitation of the foregoing, T.M. LINDSEY shall exclusively own all now known or hereafter existing rights to the Information of every kind and nature throughout the omniverse and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting programs, projects, films and other products available in the United States, its territories, possessions and protectorates. This site is controlled and operated by T.M. LINDSEY from its office within the State of Florida, United States of America. T.M. LINDSEY 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. No Data 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 Data, 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.
This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all T.M. LINDSEY site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from T.M. LINDSEY . If in T.M. LINDSEY's sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other T.M. LINDSEY site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.
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, T.M. LINDSEY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. T.M. LINDSEY 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.M. LINDSEY 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.M. LINDSEY) 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.M. LINDSEY 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.M. LINDSEY or a T.M. LINDSEY 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.M. LINDSEY'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.
This agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.