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Welcome to Wondervista.com and The Big Tex Movin'
Picture Company This site is provided
by Bill Hughes/Wondervista Entertainment/Wondervista.com/The Big Tex Movin'
Picture Company. (referred to throughout this site as "Wondervista.com")
as a service to our customers/audience. Please review the following basic
rules that govern your use of our Site (the "Agreement"). Please
note that your use of our Site constitutes your unconditional agreement
to follow and be bound by these Terms and Conditions. Although you may
"bookmark" a particular portion of this Site and thereby bypass
this Agreement, your use of this Site still binds you to the Terms. Wondervista.com
reserves the right to update or modify these Terms and Conditions at any
time without prior notice. Your use of the Wondervista.com Web site following
any such change constitutes your unconditional agreement to follow and
be bound by the Terms and Conditions as changed. For this reason, we encourage
you to review these Terms and Conditions whenever you use this Web site.
Copyrights and Trademarks
Unless otherwise noted, all materials, including images, text, original
stories, illustrations, designs, icons, photographs, programs, video clips
and written and other materials that are part of this Site (collectively,
the "Contents") are copyrights, trademarks, and/or other intellectual
property owned, controlled or licensed by Wondervista.com, one of its
affiliates or by third parties who have licensed their materials to Wondervista.com
and are protected by U.S. and international copyright laws. The compilation
(meaning the collection, arrangement, and assembly) of all content on
this site is the exclusive property of Wondervista.com and is also protected
by U.S. and international copyright laws.
© 2004 Bill Hughes/Wondervista Entertainment/Wondervista.com/The
Big Tex Movin' Picture Company. All Rights Reserved.
Wondervista.com and its suppliers and licensors expressly reserve all
intellectual property rights in all text, programs, products, processes,
technology, content and other materials which appear on this Web site.
Access to this Web site does not confer and shall not be considered as
conferring upon anyone any license under any of Wondervista.com's or any
third party's intellectual property rights.
The Wondervista.com names and logos and all related product and service
names, design marks and slogans are the trademarks or service marks of
Bill Hughes/Wondervista Entertainment/Wondervista.com/The Big Tex Movin'
Picture Company., All other marks are the property of their respective
companies. No trademark or service mark license is granted in connection
with the materials contained on this website. Access to this website does
not authorize anyone to use any name, logo or mark in any manner.
References on this Web site to any names, marks, products or services
of third parties or hypertext links to third party sites or information
are provided solely as a convenience to you and do not in any way constitute
or imply Wondervista.com's endorsement,sponsorship or recommendation of
the third party, information, product or service. Wondervista.com is not
responsible for the content of any third party sites and does not make
any representations regarding the content or accuracy of material on such
sites. If you decide to link to any such third party web sites, you do
so entirely at your own risk.
All of the following are copyright © and trademark™ 2004 of
Bill Hughes: 3-Star WonderBear, Baxter the Pug, Baxter the Amazing Pug
Tales, Zerp, Zerp City, AntFarm Johnson, Guss Buzzbee, Snugglin' Pugglins,
SkyMan, That's My Robot, Sins of Utopia, Wonderpark, Tombs of Eden, Matt
Mercury and the Rocket Rangers, Livin' in Little River Texas, Mission
Blue Star. All rights reserved.
Use of this Site
This Site and all its Contents are intended solely for personal, non-commercial
use. You may download or copy the Contents and other downloadable materials
displayed on the Site for your personal use only. No right, title or interest
in any downloaded materials or software is transferred to you as a result
of any such downloading or copying. You may not reproduce (except as noted
above), publish, transmit, distribute, display, modify, create derivative
works from, sell or participate in any sale of or exploit in any way,
in whole or in part, any of the Contents, the Site or any related software.
All software used on this site is the property of Wondervista.com or its
suppliers and protected by U.S. and international copyright laws. The
content and software on this site may be used only as a shopping resource.
Any other use, including the reproduction, modification, distribution,
transmission, republication, display, or performance, of the content on
this site is strictly prohibited.
Site Security
Users are prohibited from violating or attempting to violate the security
of the Site, including, without limitation, (a) accessing data not intended
for such user or logging onto a server or an account which the user is
not authorized to access; (b) attempting to probe, scan or test the vulnerability
of a system or network or to breach security or authentication measures
without proper authorization; (c) attempting to interfere with service
to any user, host or network, including, without limitation, via means
of submitting a virus to the Site, overloading, "flooding,"
"spamming," "mailbombing" or "crashing;"
(d) sending unsolicited email, including promotions and/or advertising
of products or services; or (e) forging any TCP/IP packet header or any
part of the header information in any email or newsgroup posting. Violations
of system or network security may result in civil or criminal liability.
Wondervista.com will investigate occurrences that may involve such violations
and may involve, and cooperate with, law enforcement authorities in prosecuting
users who are involved in such violations. You agree not to use any device,
software or routine to interfere or attempt to interfere with the proper
working of this Site or any activity being conducted on this site. You
agree, further, not to use or attempt to use any engine, software, tool,
agent or other device or mechanism (including without limitation browsers,
spiders, robots, avatars or intelligent agents) to navigate or search
this Site other than the search engine and search agents available from
Wondervista.com on this Site and other than generally available third
party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
Order Acceptance
Please note that there may be certain orders that we are unable to accept
and must cancel. We reserve the right, at our sole discretion, to refuse
or cancel any order for any reason. For your convenience, you will not
be charged until your payment method is authorized, the order information
is verified for accuracy and your order is shipped. Some situations that
may result in your order being canceled include limitations on quantities
available for purchase, inaccuracies or errors in product or pricing information,
or problems identified by our credit and fraud avoidance department. We
may also require additional verifications or information before accepting
any order. We will contact you if all or any portion of your order is
canceled or if additional information is required to accept your order.
If your order is canceled after your credit card has been charged, we
will issue a credit to your credit card in the amount of the charge.
Pricing or Typographical Errors
While Wondervista.com strives to provide accurate product and pricing
information, pricing or typographical errors may occur. Wondervista.com
cannot confirm the price of an item until after you order. In the event
that an item is listed at an incorrect price or with incorrect information
due to an error in pricing or product information, Wondervista.com shall
have the right, at our sole discretion, to refuse or cancel any orders
placed for that item. In the event that an item is mispriced, Wondervista.com
may, at our discretion, either contact you for instructions or cancel
your order and notify you of such cancellation. Prices and availability
are subject to change without notice.
Quantity Limits & Dealer Sales
Wondervista.com reserves the right to limit the quantity of items purchased
per person, per household or per order. These restrictions may be applicable
to orders placed by the same Wondervista.com account, the same credit
card, and also to orders that use the same billing and/or shipping address.
Wondervista.com also reserves the right to prohibit sales to dealers.
If you are interested in purchasing multiple quantities of items for a
corporation or institution, please contact us by email at bh@Wondervista.com
General
This Agreement represents the complete agreement between the parties and
supersedes all prior agreementsand representations between them. If any
provision of this Agreement is held to be unenforceable for any reason,
such provision shall be reformed only to the extent necessary to make
it enforceable and the other terms of this Agreement shall remain in full
force and effect. The failure of Wondervista.com to act with respect to
a breach of this Agreement by you or others does not constitute a waiver
and shall not limit Wondervista.com's rights with respect to such breach
or any subsequent breaches. This Agreement shall be governed by and construed
under Texas law as such law applies to agreements between Texas residents
entered into and to be performed within Texas. Any action or proceeding
arising out of or related to this Agreement or your use of this Site must
be brought in the state or federal courts of Texas.
User Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and other
submissions disclosed, submitted or offered to Wondervista.com on or by
this Site or otherwise disclosed, submitted or offered in connection with
your use of this Site (collectively, the "Comments") shall be
and remain Wondervista.com's property. Such disclosure, submission or
offer of any Comments shall constitute an assignment to Wondervista.com
of all worldwide rights, titles and interests in all copyrights and other
intellectual properties in the Comments.
Thus, Wondervista.com will own exclusively all such rights, titles and
interests and shall not be limited in any way in its use, commercial or
otherwise, of any Comments. Wondervista.com will be entitled to use, reproduce,
disclose, modify, adapt, create derivative works from, publish, display
and distribute any Comments you submit for any purpose whatsoever, without
restriction and without compensating you in any way.
Wondervista.com is and shall be under no obligation (1) to maintain any
Comments in confidence; (2) to pay to user any compensation for any Comments;
or (3) to respond to any user Comments. You agree that any Comments submitted
by you to the Site will not violate this policy or any right of any third
party, including copyright, trademark, privacy or other personal or proprietary
right(s), and will not cause injury to any person or entity. You further
agree that no Comments submitted by you to the Site will be or contain
libelous or otherwise unlawful, abusive or obscene material, or contain
software viruses, political campaigning, commercial solicitation, chain
letters, mass mailings or any form of "spam".
Wondervista.com does not regularly review posted Comments, but does reserve
the right (but not the obligation) to monitor and edit or remove any Comments
submitted to the Site. You grant Wondervista.com the right to use the
name that you submit in connection with any Comments. You agree not to
use a false email address, impersonate any person or entity, or otherwise
mislead as to the origin of any Comments you submit. You are and shall
remain solely responsible for the content of any Comments you make and
you agree to indemnify Wondervista.com and its affiliates for all claims
resulting from any Comments you submit. Wondervista.com and its affiliates
take no responsibility and assume no liability for any Comments submitted
by you or any third party.
Indemnification
You agree to defend, indemnify and hold Wondervista.com harmless from
and against any and all claims, damages, costs and expenses, including
attorneys' fees, arising from or related to your use of the Site.
Termination
These terms are effective unless and until terminated by either you or
Wondervista.com You may terminate this Agreement at any time, provided
that you discontinue any further use of this Site. Wondervista.com also
may terminate this Agreement at any time and may do so immediately without
notice, and accordingly deny you access to the Site, if in Wondervista.com's
sole discretion you fail to comply with any term or provision of this
Agreement. Upon any termination of the Agreement by either you or Wondervista.com,
you must promptly destroy all materials downloaded or otherwise obtained
from this Site, as well as all copies of such materials, whether made
under the terms of use or otherwise.These terms are effective unless and
until terminated by either you or Wondervista.com You may terminate this
Agreement at any time, provided that you discontinue any further use of
this Site. Wondervista.com also may terminate this Agreement at any time
and may do so immediately without notice, and accordingly deny you access
to the Site, if in Wondervista.com's sole discretion you fail to comply
with any term or provision of this Agreement. Upon any termination of
the Agreement by either you or Wondervista.com, you must promptly destroy
all materials downloaded or otherwise obtained from this Site, as well
as all copies of such materials, whether made under the terms of use or
otherwise.
Disclaimer
THIS SITE IS PROVIDED BY Wondervista.com ON AN "AS IS" AND "AS
AVAILABLE" BASIS. Wondervista.com MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE
INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO
THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Wondervista.com DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT
LIMITING THE FOREGOING, Wondervista.com DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE,
BY YOUR USE OF THE Wondervista.com WEB SITE, THAT YOUR USE OF THE SITE
IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY
OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN
ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY
NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER
IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL Wondervista.com
OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS
OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING
OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE Wondervista.com
WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS
OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER
FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF Wondervista.com
HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL Wondervista.com BE LIABLE FOR ANY DAMAGES IN EXCESS OF
THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE
SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
Copyright © 2004 Bill Hughes, Wondervista Entertainment.
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