CrichtonSun LLC – Website Terms of Use

The following terms and conditions (the “Terms of Use”) govern your use of this website for www.michaelcrichton.com and related, feature websites (collectively, the “Site”). This Site, and our Privacy Policy, are made available by CrichtonSun LLC (“CrichtonSun,” “we” or “us”). We may change these Terms of Use from time to time, and at any time, without notice to you, by posting changes on the Site. BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE AS APPLIED TO YOUR USE OF THE SITE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE.

1. Proprietary Rights. As between you and CrichtonSun, CrichtonSun owns, solely and exclusively, all right, title and interest in and to the Site, all content, code, data and materials (collectively, “Content”) on or related to and the look and feel, design and organization of, the Site and the compilation of the Content including, but not limited to, all copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any Content or other property.
2. Limited License. You may access and view the Content on the Site on your computer or other Internet compatible device, and make single copies or prints of the visual content on the Site for your personal and internal use only. The Site and the services offered on or through the Site, if any, including any Content thereon, are only for your personal and non-commercial use.
3. Prohibited Use. Any commercial distribution, publishing or exploitation of the Site, or any Content on the Site, is strictly prohibited unless you have received the express written permission of CrichtonSun or the applicable rights holder. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any Content.

If you make other use of the Site, or any Content, except as otherwise permitted by CrichtonSun, you may violate copyright and other laws of the United States, and other countries, as well as applicable state and international laws and treaties and may be subject to liability for such unauthorized use. CrichtonSun will aggressively enforce its intellectual property rights to the fullest extent of the law including seeking criminal prosecution.

4. Trademarks. The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Site or on Content available through the Site are registered and unregistered Trademarks of CrichtonSun and others and may not be used unless and only to the extent specifically authorized in writing by the trademark owner. All Trademarks not owned by us that appear on the Site or on or through the Site’s services, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark. Your misuse of the Trademarks is strictly prohibited. CrichtonSun will aggressively enforce its Trademark rights to the fullest extent of the law including seeking criminal prosecution.
5. User Information. In the course of your use of the Site, you may be asked to provide certain personalized information to us (“User Information”). Our information collection and use policies with respect to the privacy of User Information are set forth in the Site’s Privacy Policy, which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of all User Information and you agree to keep it up to date.
6. Unsolicited Materials. Unless specifically requested by us in writing, we do not solicit and we do not want to receive any confidential, secret or proprietary information or other material from you through the Site, by e-mail or in any other way. Any information, creative work, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (“Submitted Material”) will not be confidential or secret and may be used by us in any manner consistent with these Terms of Use and the Site’s Privacy Policy. By submitting or sending Submitted Material to us, you: (a) represent and warrant that (i) the Submitted Material are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Material have been waived, and (ii) the Submitted Material, and its use, do not and will not violate the law or violate or infringe the rights of any entity or person; and (b) you grant to us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and to incorporate it in other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any Submitted Material at any time. You agree that we have, and will have, no obligation or liability to you of any kind whatsoever arising out of or related to any Submitted Material including as a result of the destruction thereof.
7. Prohibited User Conduct. You agree that, while using the Site and the various services and features offered on or through the Site, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any part of the Site or use, redistribute, republish or exploit any part of the Site for any commercial or promotional purpose; or (c) attempt to gain unauthorized access to other computer systems through the Site. You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Site or for any services or features offered on or through the Site, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Site or the services offered on or through the Site including, without limitation, any information residing on any server or database connected to the Site or any service offered on or through the Site; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through the Site through any means; (iii) use the Site or the services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Site or the Site’s services or features in violation of CrichtonSun’s or any third party’s intellectual property or other proprietary, personal or legal rights; or (v) use the Site or the Site’s services in violation of any applicable law. You may not attempt (or encourage or support anyone else to attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site’s services, or any content thereof, or make unauthorized use thereof. You will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.
8. Public Forums, Blogs. CrichtonSun may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Site. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Site or any service or feature made available on or through the Site, any materials which (a) restrict or inhibit any other user from using and enjoying the Site or the Site’s services, (b) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (c) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (d) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (e) contain a virus, spyware, or other harmful component, (f) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (g) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You shall not impersonate any other person or entity, whether actual or fictitious, including anyone from or associated with the Site, Michael Crichton or CrichtonSun. You alone are responsible for the content and consequences of any of your activities.
9. Right to Monitor and Editorial Control; Personal and Sensitive Information. CrichtonSun reserves the right, but does not have an obligation, to monitor and review materials posted to the Site or through the Site’s services or features by users although CrichtonSun is not, and will not be, responsible for any such material. CrichtonSun reserves the right at any and all times to disclose any information necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in CrichtonSun’s sole discretion are objectionable or in violation of these Terms of Use, CrichtonSun’s policies or applicable law. We may also impose limits on certain features of, or restrict your access to part or all, of the forums, if any, without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our Terms of Use or applicable law or for any other reason without notice or liability. It is important to remember that comments submitted to a forum or blog may be recorded and stored in multiple places, both on our Site and elsewhere on the Internet and are likely to be accessible for a long time. You have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, proprietary or confidential information in your comments to our public forums.
10. Indemnification. You agree to defend, indemnify and hold CrichtonSun and its directors, officers, managers, members, employees, agents and other representatives harmless from any and all claims, liabilities, damages, costs and expenses (including reasonable attorneys’ fees and costs) arising in any way from your use of the Site, your placement or transmission of any message, content, information, software or other materials on or through the Site, or your breach or violation of any law or these Terms of Use. CrichtonSun reserves the right, at its own expense (but subject to your obligations and liabilities hereunder), to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with CrichtonSun’s defense of such claim.
11. Third Party Websites. You may be able to link from the Site to third party websites and third party websites may link to the Site (“Linked Sites”). We have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites even if they are owned or operated by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. CrichtonSun is not responsible for web casting or any other form of transmission received from any Linked Sites. Any reliance by you on the contents of a third party website is at your own risk and you assume all responsibilities and consequences resulting from such reliance. These Terms of Use only apply to this Site and you should always review the terms and conditions of any third party site that you access through a link from this Site.
12. Infringement Notification. We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our agent below:

Information to be submitted:

* Your address, telephone number, and email address;
* A description of the copyrighted work that you claim has been infringed;
* A description of where the alleged infringing material is located, with a link if possible;
* A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
* An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
* A statement by you, made under penalty of perjury, that the above information in your notice to us is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please send notifications of claimed infringement to: Michael S. Sherman, Reed Smith LLP, 1901 Avenue of the Stars, Suite 700, Los Angles, California 90067; Telephone: 310-734-5200 Email: msherman@reedsmith.com.

13. DISCLAIMER OF WARRANTIES. THE SITE (INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS) IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, SUCH AS, WITHOUT LIMITATION, ANY WARRANTY OF OR FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESSED AND IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREON WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. CRICHTONSUN ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE.

14. LIMITATION OF LIABILITY. IN NO EVENT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CRICHTONSUN, OR ANY OF ITS DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES OR ANY CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO CRICHTONSUN FOR YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS VIA THE SITE.
15. Age. Users must be either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and be fully able and competent, to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use and abide by and comply with these Terms of Use. You hereby represent and warrant that you are domiciled in the United States and you are 18 years old or older recognizing that this Site is not intended for children under 13 years of age. A user’s right to participate in this Site may be terminated without warning, if we discover that a user is under 13 years of age.
16. Applicable Laws. We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ALL PARTIES TO THESE TERMS OF USE WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY.
17. Termination. CrichtonSun may terminate, change, suspend or discontinue any aspect of the Site or the Site’s services at any time. CrichtonSun may restrict, suspend or terminate your access to the Site and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. CrichtonSun maintains a policy that provides for the termination in appropriate circumstances of the Site use privileges of users who are repeat infringers of intellectual property rights.
18. Changes to Terms of Use. CrichtonSun reserves the rights, in its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time. Changes in these Terms of Use will be effective when posted. Your continued use of the Site or the services offered on or through the Site after any changes to these Terms of Use are posted will be your acceptance of those changes.
19. Miscellaneous. These Terms of Use and the relationship between you and us shall be governed by the laws of the State of California, without regard to its conflict of laws rules. Any claim or cause of action that may arise under these Terms of Use or arise from use of the Site shall be commenced and be heard in the appropriate court (state or federal) in the State of California, County of Los Angeles. You hereby submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles County in the State of California. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you and we nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use shall remain in full force and effect.