TERMS OF USE

Use of The Trevor Romain Company site is offered to you on your acceptance of these Terms of Use, our Privacy Policy and any other notices contained on this site. Your use of this site or any of the content of this site indicates your acknowledgement and acceptance of these Terms of Use, our Privacy Policy and any other notices herein. If you do not agree to be bound by and comply with the foregoing, you may not further access or use this site. Please read these Terms of Use carefully prior to using this site. We also suggest that you print a hard copy of each of the foregoing documents for your records.

We reserve the right, at our sole discretion, to amend, add or delete parts of these Terms of Use from time to time. If we materially alter these Terms of Use, we will notify you of any such change by sending you an e-mail at the last known e-mail address in our records and/or by prominently displaying notice of the change(s) on this site. Such changes will be effective upon our sending of the e-mail and/or the posting of such notice on this site. Please note that you are solely responsible for providing us your current e-mail address. In the event that the e-mail address you provide us is invalid, our notice to you of any changes to these Terms of Use shall nonetheless constitute effective notice. Any subsequent use of this site will indicate your acknowledgement and agreement to the changed term(s).

 Legal information/Proprietary rights :

All content of this site, including without limitation all text, graphics, programs, layout, animation, clips, downloadables and all other material is the copyrighted property of The Trevor Romain Company (unless otherwise expressly stated) and is protected by federal and international copyright law.

© 2007 The Trevor Romain Company. All rights reserved (except as expressly set forth in this site). The names and characters Skye, Jack and Buttons, Entertainment That Matters, and the Trevor Romain and The Trevor Romain Company logos are trademarks of The Trevor Romain Company.

Any unauthorized use of these copyrighted materials and/or trademarks is unlawful. Your usage of the content of this site is strictly limited to your personal, noncommercial use as provided in these Terms of Use. No materials contained on this site may be taken out of context, presented in a misleading, discriminatory or disparaging manner, or without appropriate attribution to The Trevor Romain Company and/or this site.

Proper Usage/Restrictions :

No material from this site may be copied, reproduced or otherwise used or distributed, except you may download one copy of the materials on a single computer for your personal, noncommercial use, provided that:

• you keep intact any copyright or trademark notices;
• you do not edit the materials in any manner; and
• you make no use that implies an association with The Trevor Romain Company or our products (other than, of course, as a “fan”).

• You shall not upload, post, distribute or otherwise make available via this site any material that is defamatory, abusive, harassing, insulting, threatening, racially offensive, vulgar, obscene, profane, indecent or otherwise inappropriate for children.

• You shall not upload, post, distribute or otherwise make available via this site any material that might infringe the copyright, trademark, patent or other proprietary, privacy, confidentiality or publicity rights of others.

• You shall not upload, post, distribute or otherwise make available via this site any material that contains viruses or other harmful programs or elements.

• You shall not provide to us or on this site any false information about yourself, impersonate any other person or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication.

• You shall not transmit junk mail, chain letters or other bulk e-mail or duplicative messages via this site.

• You shall not collect or attempt to collect information about other users of this site without their express consent (and the consent of their parents if they are minors) or otherwise extract data or data fields, including without limitation e-mail addresses.

• You shall not redistribute any content of this site via printed publication, fax broadcast, web pages, e-mail or any other digital, electronic or paper-based service or method (except the URL of this site).

The Trevor Romain Company reserves the right to delete any material posted by you and, if we deem appropriate, to report to the applicable legal authority any material that is in violation of these Terms of Use.

Disclaimer :

THIS SITE AND THE CONTENT CONTAINED HEREON ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES WHATSOEVER, EITHER EXPRESS OR DENIED, ALL OF WHICH ARE HEREBY DISCLAIMED TO THE EXTENT PERMITTED BY APPLICABLE LAW. SUCH WARRANTIES INCLUDE WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT USE OF THIS SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OF THE MATERIAL ON THIS SITE.

AS A USER OF THIS SITE, YOU ACKNOWLEDGE AND AGREE THAT ANY RELIANCE ON OR USE OF THE CONTENT OF THIS SITE IS AT YOUR SOLE RISK. THE Trevor Romain COMPANY SHALL NOT BE LIABLE FOR DAMAGES OF ANY NATURE, WHETHER DIRECT OR INDIRECT, INCLUDING WITHOUT LIMITATION ACTUAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY, ARISING FROM YOUR USE OR THE PERFORMANCE OF THIS SITE, EVEN IF THE Trevor Romain COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING UNDER ANY LEGAL THEORY, INCLUDING WITHOUT LIMITATION, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, ABSOLUTELY UNDER NO CIRCUMSTANCES, FACTS OR LEGAL DOCTRINES MAY THE Trevor Romain COMPANY BE HELD LIABLE FOR DAMAGES IN EXCESS OF $100 RELATING TO YOUR ACCESSING OR USING THIS SITE.

Third-party Links :

Any links or references on this site to other sites or services of third parties are for your convenience only and do not constitute an endorsement or approval of those organizations, their content, services or products. Since we have no control over such third parties or their sites, services or products, we do not assume any responsibility for same nor liability therefor. You acknowledge and agree that your access of or use of those third-party sites, services or products are at your sole risk.

Indemnity by user :

You agree to indemnify, defend and hold The Trevor Romain Company (including its directors, officers, employees, agents and representatives) harmless from any and all third-party claims, demands, damages and/or expenses (including without limitation reasonable attorneys’ fees) relating in any manner, directly or indirectly, to your usage of this site or breach of these Terms of Use. We reserve the right to assume the exclusive defense and control of matters within your indemnity obligations, which shall not relieve your indemnity obligations.

Jurisdiction/Governing law :

THESE TERMS OF USE SHALL BE DEEMED TO BE MADE UNDER, AND SHALL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES. THE PARTIES AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING IN CONNECTION WITH THIS SITE OR THESE TERMS OF USE SHALL BE TRIED AND LITIGATED ONLY IN THE DISTRICT COURT OF THE STATE OF TEXAS LOCATED IN THE COUNTY OF TRAVIS, STATE OF TEXAS OR, IF JURISDICTIONALLY SUFFICIENT, THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS, AND EACH SITE USER HEREBY EXPRESSLY AND IRREVOCABLY SUBMITS THE PERSON OF SUCH PARTY TO THE JURISDICTION OF SUCH COURTS IN ANY SUCH SUIT, ACTION OR PROCEEDING.

Notices to us regarding alleged infringements :

It is our intent, policy and practice to comply with all intellectual property laws and to act expeditiously upon receiving any claim of infringement. Please include in any such notice the following:

• A physical or electronic signature of a person authorized by the owner to act on their/its behalf with respect to the notice of claimed infringement;
• Specific identification of the work claimed to have been infringed;
• Identification of the specific material on this site that is alleged to be infringing or the subject of infringing activity;
• The physical address, telephone number, fax number and e-mail address of the complaining party;
• A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the owner, their/its agent or the applicable law; and
• A statement, under penalty of perjury, that the information in the notice is accurate and the complaining party is authorized to act on behalf of the owner of the applicable right allegedly being infringed.

All such notices must be sent to Customer Service:

CustomerService@trevorromain.com

The Trevor Romain Company

816 West 10th Street

Austin, TX 78701

Facsimile: (512) 480-8815

Submissions policy :

We encourage your specific comments regarding this site, our services and products. However, we are unable to accept your submission of creative ideas, stories, concepts, scripts, suggestions or materials. Please understand that we must return to you, unopened and/or unread, any such unsolicited creative materials.