"Everybody loses a couple. And you either pack up and you go home, or you keep fighting."
- Charles Howard
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1. Agreement to Terms. By using this site, you signify that
you agree to these Terms of Service. In addition, when using particular
services available on this site, you will be subject to any
posted guidelines or rules applicable to such services which
may be posted from time to time. All such guidelines or rules
are hereby incorporated by reference into the Terms of Service.
If you do not agree to the Terms of Service, please do not use
the site. We reserve the right, at our discretion, to change,
modify, add, or remove portions of these Terms of Service at any
time. Please check these terms periodically for changes. Your
continued use of this site after the posting of changes to
these terms will mean you agree to abide by those changes.
Please note that additional and/or different Terms of Service
may apply to services provided through one or more business
associates of WyndFeather :Arts & Phantasm, and you should refer to those before
using such services.
3. Links. This site includes links to other Internet sites solely as a convenience to users. WyndFeather :Arts & Phantasm
does not endorse any such linked sites or the information, material, products or services contained on
other linked sites or accessible through other linked sites. Furthermore, Wyndfeather makes no express or
implied warranties with regard to the information, material, products or services that are contained on or
accessible through linked sites. Access and use of linked sites, including information, material, products
and services on linked sites or available through linked sites is solely at the user's own risk.
4. Submissions. WyndFeather :Arts & Phantasm's company policy does not allow it to accept or consider creative ideas,
suggestions, or materials other than those it has specifically requested. Accordingly, we must request that
no visitors to this site submit or send any original creative materials, including but not limited to
submissions of scripts, story lines, fan fiction, characters, drawings, information, suggestions, ideas or
concepts. If at our request you send certain specific submissions (e.g., postings to chats, surveys,
message boards, contests, or similar items) or, despite our request that you not send us any other creative
materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information
(collectively the "Submissions") shall be deemed and shall remain the property of WyndFeather :Arts & Phantasm in
perpetuity. By making any Submission, the sender automatically grants, or warrants that the owner of such
material expressly grants, WyndFeather :Arts & Phantasm the royalty-free, perpetual, irrevocable, non-exclusive right and license
to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part)
throughout the universe and/or to incorporate it in other works in any form, media or technology now known
or hereafter developed, for the full term of any copyright, trademark or patent that may exist in such
material for any purpose that WyndFeather :Arts & Phantasm chooses, whether internal, public, commercial, or otherwise,
without any compensation, credit or notice to the sender whatsoever. The sender waives all so-called
"moral rights" in all Submissions. The sender further waives the right to make any claims against WyndFeather :Arts & Phantasm
relating to unsolicited submissions, including, but not limited to, unfair competition, breach of implied
contract and/or breach of confidentiality.
5. Use of Site Communications. In connection with your use of any of the chat areas,
bulletin boards, e-mail or other public communication elements of this site, you may not upload
to, distribute through, or otherwise publish through this site 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. Your use of this site must
only be in a noncommercial manner. You cannot, without our express approval, distribute or otherwise
publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or
services.
6. Disclaimer of Warranties. 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, WyndFeather :Arts & Phantasm DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WyndFeather :Arts & Phantasm 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. WyndFeather :Arts & Phantasm
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 WyndFeather :Arts & Phantasm) 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.
7. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, SHALL WyndFeather :Arts & Phantasm BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THIS
SITE, EVEN IF WyndFeather :Arts & Phantasm OR A WyndFeather :Arts & Phantasm AUTHORIZED REPRESENTATIVE HAS ADVISED YOU
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 WyndFeather :Arts & Phantasm'S TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT, OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR
ACCESSING THIS SITE).
8. Termination. You agree that WyndFeather :Arts & Phantasm, in its sole discretion, may terminate any account (or any part
thereof) you may have with us or use of the web site and remove and discard all or any part of your account
or any Submissions, for any reason whatsoever in WyndFeather :Arts & Phantasm's sole discretion. WyndFeather :Arts & Phantasm may also in its
sole discretion and at any time discontinue providing this site, or any part thereof, with or
without notice. You agree that any termination of your access to the site or any account you may have or
portion thereof may be effected without prior notice, and you agree that WyndFeather :Arts & Phantasm shall not be liable to you
or any third-party for any such termination.
9. Miscellaneous. The failure of WyndFeather :Arts & Phantasm to exercise or enforce any right or provision of the Terms of
Service shall not constitute a waiver of such right or provision. These terms shall be governed by and
construed in accordance with the laws of the State of Ohio, 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 or the
Web site shall be filed only in the state or federal courts in and for Cuyahoga County, Ohio 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. Recognizing the global nature of the Internet, you agree to comply with all local rules
regarding online conduct and acceptable materials. Specifically, you agree to comply with all applicable
laws regarding the transmission of technical or other data exported from the United States or the country in
which you reside.
KIDS: Please check with your parents before entering any information
on this or any other Web site. See our "SPECIAL NOTE TO KIDS"
below.
PARENTS:
We are committed to protecting children's privacy. We developed this
Web site to be an enjoyable experience for customers of all ages,
including kids under 13. We recognize that some younger children may
not understand some of the information contained on this Web site or
how this Web site operates. PLEASE BE SURE TO CAUTION YOUR
CHILD UNDER 13 AGAINST PROVIDING PERSONALLY
IDENTIFIABLE INFORMATION ONLINE PRIOR TO THE WEB SITE
OPERATOR OBTAINING YOUR CONSENT. It is our policy not to collect
personally identifiable information from children under 13 without first
obtaining a parent's or guardian's verifiable permission. See our
"SPECIAL NOTE TO PARENTS OF KIDS UNDER 13" below.
Please discuss this Privacy Policy with your children so that they will
better understand how to use this Web site and the information they may
be asked to provide. We strongly believe that providing our visitors with
accurate and adequate notice about the Web site will lead to informed
choices and decisions about how to use the Web site, as well as
protecting our users' privacy.
WHAT INFORMATION DO WE COLLECT?
Generally, we limit the collection of information to what is known as
non-personally identifiable information (such as, first name, age, state or
country) and we will not require you to provide more information than is
necessary to participate in any of our Web site activities. This
information is collected so that visitors can participate in activities (such
as, receiving our e-mail newsletter[s], building homepages, saving
game designs and scores, participating in our question polls) without
giving out unnecessary personal information other than an e-mail
address.
However, in some areas on our Web site personally identifiable
information is asked for and collected (for example, online
sweepstakes, online promotions and the registered area of
this site) and you may not be able to access those areas
or participate in certain activities without giving the necessary personal
information. Where we request additional information from you in
connection with a Web site's activity such information may be personal.
Whenever we request that you submit such information, we will
endeavor to notify you of our intended use of the information, as more
specifically discussed below. PLEASE BE AWARE THAT YOU ARE
UNDER NO OBLIGATION TO PROVIDE, AND CAN DECLINE TO
PROVIDE, ANY REQUESTED INFORMATION AT ANY TIME.
HOWEVER, IF YOU DECLINE, YOU MAY NOT BE ABLE TO
PARTICIPATE IN CERTAIN ACTIVITIES AT THIS WEB SITE.
The types of information collected at this Web site may include:
Contact information, such as full name, e-mail address and mailing
address.
Financial information and/or Credit/Debit Card data (for, by way of
example, online store purchase information, third party links). Personal
identifiers, such as screen names, URLs (for personalized homepages)
and passwords.
Demographic information, such as date of birth, age, profile, gender,
state and country.
Internet Protocol (IP) Information, such as your IP address and browser
type.
Information collected by or held in "cookies."
HOW DO WE USE INFORMATION?:
Registration:
If this Web site has a registration procedure, our Web site's registration
form requires users to give us contact information, unique identifiers,
and demographic information. All registration information is submitted
to us on a voluntary basis. We may also ask registered members to tell
us how they found out about us. Once you register, we use customer
contact information from the registration form to contact you, to send you
information about our company and/or to give you updates on products
and/or services. You may register on our Web site and choose not to
receive information and updates by unchecking the relevant box on the
registration form. IF YOU ARE UNDER 13, GET YOUR PARENT'S OR
GUARDIAN'S CONSENT BEFORE YOU PROVIDE ANY
INFORMATION.
Online Promotions:
We or our advertisers, licensees and/or other business partners may
have special online promotions which feature products or services
related to our business activities. TO PARTICIPATE IN ANY
PROMOTION, YOU MUST 13 YEARS OR OLDER (unless otherwise
specified by the promotion's rules and regulations). IF YOU ARE
UNDER 13 YOU WILL NEED YOUR PARENT'S OR GUARDIAN'S
CONSENT BEFORE YOU CAN PARTICIPATE IN THIS ACTIVITY. IF
YOU ARE OVER 13 BUT NOT AN ADULT YOU WILL NEED YOUR
PARENT'S OR GUARDIAN'S CONSENT TO COLLECT YOUR PRIZE
OR RECEIVE YOUR BENEFIT. You may be asked to provide an e-mail
address or screen name, so that we can let you know if you won a prize.
For other promotions, we may request your name and home address in
order to send you products or information by regular mail. The specific
rules and regulations governing the particular promotion will vary and
your participation constitutes your agreement to abide by those rules
and regulations.
Online Contests and Sweepstakes:
We or our advertisers, licensees and/or other business partners may
sponsor contests or sweepstakes which may be entered online. The
specific rules and regulations governing the particular contest or
sweepstakes will vary and your participation constitutes your agreement
to abide by those rules and regulations. IF YOU ARE UNDER 13, YOU
WILL NEED YOUR PARENT'S OR GUARDIAN'S CONSENT BEFORE
YOU CAN PARTICIPATE IN THIS ACTIVITY. IF YOU ARE OVER 13
BUT NOT AN ADULT YOU WILL NEED YOUR PARENT'S OR
GUARDIAN'S CONSENT TO COLLECT YOUR PRIZE OR RECEIVE
YOUR BENEFIT. We use the information you provide when placing an
order, entering a game, entering a contest or sweepstake or when we
complete an order and/or fulfill a prize. We use return e-mail addresses
to answer the e-mail that we receive, and we may use return e-mail to
communicate with you or to send you other information. If you are under
13 (with your parent's or guardian's consent), or if you are over 13 but
not an adult, the information collected for contests or sweepstakes
include your first name, e-mail address and your parent's e-mail
address and, if you win, before your prize is collected, your parent or
guardian is sent an e-mail informing them of your award and explaining
the nature and terms and conditions of the sweepstakes. Your parent or
guardian will then have a chance to "opt out" of collecting your prize on
your behalf, in which case the prize will not be awarded.
Collecting and Sharing Data:
We sometimes collect information to find out how people found our Web
site, which pages they visited, and how long they stayed. In addition, we
may aggregate demographic, profile and non-personal information you
provide and use aggregate information to better design our Web site
and to improve our marketing strategy and our product offerings. If you
are 13 or older, we may share this demographic and profile information
with our advertisers, licensees and/or other business partners with
whom we link to permit them to contact you with information about
certain products and services.
Opinions:
We may ask for your opinion from time to time. You may send us
questions or comments, which may require personal information for a
response. However, please note that we have a policy against
accepting unsolicited material, so do not submit any unsolicited or
unique creative ideas, drawings or other materials, and refer to our
policy on unsolicited submissions in our Terms of Service. IF YOU ARE
UNDER 13, YOU WILL NEED YOUR PARENT'S OR GUARDIAN'S
CONSENT BEFORE YOU CAN PROVIDE THIS INFORMATION.
Personalized Homepages:
You may be able to build a personalized fan homepage from one of our
fan homepage-building programs (e.g., at www.starwars.com). You will
have to submit your e-mail address and password to log-in.
HOWEVER, YOU MUST BE OVER 13 TO PARTICIPATE IN THIS
ACTIVITY.
Mailing lists:
Where appropriate, the option to allow us to share certain information
with some of our promotional partners may be provided, or the option
for you to elect not to have us share certain information may be
provided. You always have the right to unsubscribe from any mailing
lists we may maintain, or to delete personally identifiable electronic
information we have collected online about you. IF YOU ARE UNDER
13, YOU WILL NEED YOUR PARENT'S OR GUARDIAN'S CONSENT
BEFORE YOU CAN PARTICIPATE IN THIS ACTIVITY.
E-mail and Newsletters:
We may offer fully interactive registered email services. We also
provide fun and exciting newsletters, such as the Homing Beacon and
Padawan Post, to tell our users about all of our interesting films,
licensed products and services. Our newsletters may include links to
any independently-operated Web site. Although we do not provide
without parental permission any personally identifiable information
about kids under 13 to any "independently-operated Web site" (that is,
a Web site not owned, controlled and operated by us), such Web Site(s)
may solicit personally identifiable information from kids under 13,
please be aware that we don't control and are not responsible for their
actions, privacy policy(ies) or Terms of Service. IF YOU ARE UNDER 13,
YOU WILL NEED YOUR PARENT'S OR GUARDIAN'S CONSENT
BEFORE YOU CAN PARTICIPATE IN EITHER OF THESE
ACTIVITIES.
Purchasing Items:
Purchasing items from various online stores may require the
giving of personally identifiable information (such as, name,
credit card information). IF YOU ARE UNDER 13, YOU WILL NEED
YOUR PARENT'S OR GUARDIAN'S CONSENT BEFORE YOU CAN PARTICIPATE
IN THIS ACTIVITY.
Cookies:
We may use a software technology called "cookies" to collect non-personally
identifiable information. Cookies are pieces of information
that we may place on your computer to help "personalize" your
visit to the Web site and to allow you to enter our Web site
without having to remember and enter any special passwords.
For example, a "cookie" will allow us to remember certain
things about you, such as your screen name. "Cookies" may include the type of browser software
you use to access the Internet (i.e. Internet Explorer, Netscape
3.0,); type of operating system (i.e. Windows 95, Mac, etc.),
and/or the domain name of your Internet service provider.
Except with respect to our e-commerce activities (e.g., on-line
purchases), we do not link your non-personally identifiable
information in "cookies" with personally identifiable information
about you.
In addition, some companies may place or provide banner ads on
this Web site that might also place cookies. Each of these
companies use this cookie information according to their own
privacy and security policies.
Choice/Opt-In/Opt-Out:
If you are over the age of 12 you could receive communications
from us or from third parties. In that case, you may: (1)
opt-out of receiving communications from us by selecting or
deselecting the optional e-mail from us on the "Your Account"
page to control the messages you receive from us; and/or (2)
opt-in or opt-out of receiving communications from third-party
sponsors or promotional partners at the time of registration.
If you elect to receive these communications, we will transmit
the information that you provide to this third party. Note,
however, that each third party is governed by a different
privacy policy and may have a different method than our Web
site to opt-out of future communications.
IP Address and Machine Type:
An IP address is a number automatically assigned to your computer
whenever you are surfing the Web. Web servers, the computers
that "serve up" Web pages, automatically identify your computer
by its IP address. When you request a page from our Web site,
our servers log your IP address. An IP address does not contain
personally identifiable information. Except with respect to
our e-commerce activities (e.g., on-line purchases), we do
not link IP addresses with personally identifiable information.
We may use your IP address to help diagnose problems with
our server and to administer our Web site. Your IP address
is used to help identify you and your shopping cart and to
gather broad demographic information. We may also collect
information about your browser software and/or machine type
(e.g., Windows, Mac, Unix, etc.).
Links:
We do create links to the Web sites of other parties. IF YOU
ARE UNDER 13, GET YOUR PARENT'S OR GUARDIAN'S CONSENT BEFORE
LINKING TO OTHER WEB SITES. Independently-operated Web sites
are not associated with or authorized by us and may also have
links leading to this Web site. We cannot control any of these
links and are not responsible for any content appearing on
Web sites linked to or from our Web site, or for any personal
information gathered at those independently-operated Web sites.
Bumper Pages:
We sometimes provide a "bumper page" when linking from our
Web site to an independently-operated Web site, which lets
you know you are going to an independently-operated Web site
and reminds them not to give out information online without
their parent's permission.
Data Integrity and Security:
We take reasonable precautions to keep your personal information
secure. We have put in place appropriate physical, electronic,
and managerial procedures to safeguard the information we
collect. In cases where the information is not stored on separate
computer servers, it is only accessible from specific computers
within our control. We have and will continue to take reasonable
measures to assure the security and accuracy of all information
our visitors share with us. Our efforts include procedures
designed to avoid any unauthorized access, alteration, misuse
or disclosure of personally identifiable information.
CHANGES:
Our changes:
We reserve the right to change or remove this privacy policy
at our discretion. If we decide to change our privacy policy
we will post those changes here. We encourage you to visit
this area frequently to stay informed. We will tell you via
e-mail if we make any material changes in how we collect,
use or we wish to share your child's information in any manner
not previously authorized by you. We will require third parties
with whom we have written agreements involving the sharing
of personally identifiable information of kids under 13 to
agree to protect the privacy of that information in accordance
with applicable law.
Your changes:
This Web site gives users options for changing and modifying
information previously provided. If you are a registered visitor,
you are welcome to view, change or delete your registration
information at any time, or to update the contact information
we have for you or to inform us that you do not want to receive
new product or other information from us. Simply go to the
registration page of this Web site using the same computer
from which you initially registered. When the welcome screen
appears, you can click on "delete or add". Kids under 13 cannot
change registration information, only the parent or guardian
can do that. Parents should follow the procedure that they
used to enable their child's registration to change any information
at any time.
SPECIAL NOTE TO KIDS:
If you are under 13 years old, ask your parent or guardian
BEFORE giving out any information about yourself, such as
your name, age, address or e-mail address. You do not have
to give any personal information about yourself. Remember,
if you are under 13 you must have your parent or guardian
make any changes to information given to us in the past or
to update your profile. If you are ever unsure about anything
you are seeing on this Web site, ask your parent or guardian
for help.
If you are 13 years or older, you may have the ability to
participate in online contests or sweepstakes, e-mail other
users or post messages on portions of this Web site. In the
event that you do post messages on this Web site, remember
that other users of this Web site may have access to your
e-mail address and user name. However, if you participate
in online contests, sweepstakes or promotions, you cannot
collect any prizes without your parent's or guardian's consent.
SPECIAL NOTE TO PARENTS OF KIDS UNDER 13: We may collect the
name of a child or parent and online contact information in
order to obtain parental consent to parents of kids under
13 or to provide parental notice. If a visitor indicates that
he/she is under the age of 13, he/she will be asked to supply
a parent's or guardian's e-mail address. In this case, the
parent or guardian will receive an e-mail message containing
instructions on how to enable the child's registration and
until the parent or guardian enables the child's registration,
the account is disabled. If we do not receive the parent's
or guardian's said consent within a reasonable time, we delete
this information from our records. We also may collect this
information to respond to a specific request from a child
under 13. Once we respond to a request from a child under
13, we may not contact your child again and the information
is deleted from our records. We take very seriously the safety
of children, especially those under 13 and may also collect
this information to protect that safety. If we do collect
information to protect the safety of your child, we provide
notice to you and we do not use that information for any other
purpose. You can always ask us to review or delete any of
your child's information at any time by sending us a written
request at the Contact Information below and you can ask that
we do not use or collect any more personal information from
your child. However, if you ask us to delete your child's
information that is necessary to participate in our activities,
we may have to ask your child not to participate in our activities.
To What Web sites does this Privacy Policy Apply?
The terms of this Privacy Policy apply to all information
submitted on this Web site. In addition, the terms shall only
apply to Web sites owned and operated by WyndFeather :Arts & Phantasm or
any of its affiliated, subsidiary or related corporate entities
(such as Dreamdancer Motion Pictures, Dubh Sith Ink, etc.), as well as
to some of our selected corporate partners and licensees who
have agreed to abide by our Privacy Policy. It does not otherwise
apply to any independently-operated Web sites, for which separate
privacy policies and Terms of Service shall apply. Finally, since
this Privacy Policy is intended to protect individuals, it
does not apply to businesses or persons acting on behalf of
businesses.
CONTACT INFORMATION:
We hope you have a better understanding of our commitment
to protect privacy . If you have any questions or comments
about anything in this Privacy Policy, please contact us.
Thanks. Have fun!
"Aside from bringing his immense talent to the project, Eric at Dreamdancer Motion Pictures went above and
beyond the call of duty as our "Losing Hope" editor. He conquered any
obstacle in his path, was always on-time, and created a beautiful product
that was everything I'd hoped for and more!"
This content may not be downloaded, manipulated, or reproduced without prior written permission. Commercial use without explicit written consent is prohibited and punishable through US and worldwide copyright laws.
Please read terms of service for legal
restrictions applicable to this site. Use of this site
signifies your agreement to the terms of service. All other brand and product names are trademarks, registered trademarks or service marks of their respective holders.
:: officially relaunched Saturday 20 July 2002 at 10:56pm EST ::
(happy 33rd anniversary to Neil, Buzz and Michael)
