jonathanlivingstonseagull.com Terms of Use

 

General Terms and Conditions

Welcome to jonathanlivingstonseagull.com!  jonathanlivingstonseagull.com (the “Site”) provides a community forum for people inspired by or curious about Richard Bach’s best-selling classic, Jonathan Livingston Seagull. By accessing or using the Site, any jonathanlivingstonseagull.com service, or any applications (including mobile applications) made available by jonathanlivingstonseagull.com (together, the “Services”), however accessed, you agree to be bound by these Terms of Use (“Terms”). These Terms and the Policies set forth below constitute a legally binding agreement between you and us (the “User Agreement.”). The Site and the Services are provided by Jonathan Livingston Seagull, Inc. (“JLS”), a Washington corporation. 

In these Terms, the use of the words “we,” “our,” and “us” refer to JLS.  The words “user,” “you,” and “your” refer to individuals or entities that access and/or use the Site or the Services.

These Terms govern your access to and use of the Site or Services provided by JLS.  Please read these terms carefully before accessing or using the Site or Services.  By accessing the Site or using the Services, or continuing to do so, you agree to be bound by all of the terms and conditions set forth herein. If you do not agree to all of these terms and conditions, then you may not use the Site or Services.  JLS’s acceptance of your use of the site or services is expressly conditioned upon your assent to all of the terms and conditions described here.  

Without limiting the foregoing, when you use certain features of the Site or Services, such as blogs, uploads/downloads, and sharing of social media, your use of such features will also be subject to the guidelines, term, agreements and conditions applicable to such features (the “Policies”).  All such Policies are incorporated into these Terms by reference, and if these Terms are inconsistent with any Policy, the terms of such Policy will control. Finally, please visit our Privacy Policy which is also part of the User Agreement. 

These Terms do not alter in any way the terms or conditions of any other agreement you may have with us.  If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on the entity’s behalf.   

We reserve the right to change or modify these Terms or any policy or guideline of the Site or Services at any time.  We will notify registered users of changes by posting updates to http://www.jonathanlivingstonseagull.com/terms.  Your use of the Site or Services will be subject to the most current version of the User Agreement, including these Terms, posted on the Site at the time of your use.  We recommend that you check the Site from time to time to inform yourself of any changes in these Terms or any other part of the User Agreement, and you are solely responsible for reviewing and becoming familiar with any modifications to it or these Terms.   

1.  Eligibility and Registration Data

You must be 13 years of age or older to use the Site or Services.  Any information that you submit to the JLS or the Site, including all User Content, as described below, must be true and accurate.  Use of the Services is void where prohibited.  

2.  Trademarks and Materials

JLS’s designs, text, graphics, pictures, information, data, software (and the selection and arrangement thereof) logos, code, and designs (collectively, the “Site Materials”) are all property of JLS and are protected by intellectual property law.  Use of these items is subject to these Terms and is only authorized if necessary make permitted use of the Site and the Services.  Your use of the Site and the Services grants you no right or license to reproduce or otherwise use any Site Materials or third-party trademarks or copyrighted materials, except as expressly set forth herein.

3.  Use Restrictions; Limited License

Your access and use of the Site and the Services is at JLS’s sole discretion, and JLS may terminate your access and use at anytime without notice. You may access and use the Site and the Services only in compliance with these Terms and all applicable local, state, national, and international law, rules, and regulations.

You are granted a limited, non-sublicensable license to access our Site and use the Services, and electronically view, copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials (except third party content) for your personal, informational and internal use only. You may not: (i) resell or make any other commercial or non-internal use of the Site, the Services or the Site Materials (or any portion thereof), unless expressly authorized in writing by JLS; (ii) distribute, publicly perform or publicly display any Site Materials (or any portion thereof); (iii) modify or otherwise make any derivative uses of the Site, the Services or the Site Materials (or any portion thereof); (iv) use any data mining, scraper, spider robots or similar data gathering or extraction methods to access, monitor or copy any Site Materials or other content or information used by the Site or the Services; (v) violate the restrictions in any robot exclusion headers on the Site or the Services or bypass or circumvent other measures used to prevent or limit access to the Site or the Services; (vi) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (vii) deep-link to any portion of the Services for any purpose, unless expressly authorized in writing by JLS; (viii) “frame,” “mirror” or otherwise incorporate any part of the Site or the Services into any other web site, unless expressly authorized in writing by JLS; or (ix) use the Site, the Services or the Site Materials other than for their intended purpose and as expressly permitted by these Terms. 

Any use of the Site, the Services, or the Site Materials other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and automatically terminates the license granted in these Terms. Such unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes.  We reserve the right to revoke your authorization to access or use the Site and the Services if we believe in our sole discretion that you have violated these Terms or for any other reason whatsoever.  Unless explicitly stated herein, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license granted by these Terms is revocable at any time.

4.  User Content

The Site may now or in the future allow users to select, input, upload and share information and data in connection with the Services and allows you or other users to post, link, store or otherwise make available a wide variety of information, text and/or other materials to the user or others in connection with the use of the Services or otherwise (collectively, “User Content”).  You shall receive no compensation whatsoever from JLS for User Content. You are solely responsible for your use of any User Content, and you use such User Content at your own risk. 

By posting any User Content, you consent to JLS making such information available and accessible to other users of the Site or the Services. You also represent and warrant that you own and control all of the rights to the User Content that you post, or that you otherwise have the lawful right to distribute and reproduce such User Content and to grant JLS the license for the User Content described below and that your use and posting of such User Content does not violate these Terms, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for us or for any third party.  By selecting and/or posting any User Content, or otherwise using the Services or accessing the Site, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site or the Services any User Content that:

  • Is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, deceptive, fraudulent, hate speech or literature or otherwise objectionable (as determined in our sole discretion);
  • That would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or violate any local, state, national or international law; 
  • May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; or that provides private information of any third party including addresses, phone numbers, email addresses, Social Security numbers and similar information; 
  • Restricts or inhibits any other person from using and/or benefiting from our Services, including, without limitation, User Content that contains or installs any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • Is spam, machine- or randomly-generated, contains unethical or unwanted commercial content, furthers unlawful acts (such as phishing) or misleads recipients as to the source of the material (such as spoofing); 
  • In any way refers to or depicts persons under 18 years of age; or
  • Attempts to disrupt the Site or Services.

We take no responsibility and assume no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. 

As a provider of interactive services, we are not liable for any statements, representations, User Content or Advertiser and Corporate Partner Content (as defined below) provided by users in any form whatsoever on any area of the Site or through the Services.  Although we have no obligation to review, screen, edit or monitor any of the User Content or Advertiser and Corporate Partner Content posted anywhere on the Site or through the Services, we reserve the right, and have absolute discretion, to review, remove, screen, edit, or monitor any User Content and Advertiser and Corporate Partner Content posted or stored on the Site or through the Services at any time and for any reason without notice.  You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site or through the Services, at your sole cost and expense.

We do not own the User Content you post on or otherwise select or submit to JLS or the Site, but in posting and/or otherwise submitting User Content to JLS or the Site and/or using the Services, you grant us an irrevocable, worldwide, transferable, nonexclusive, royalty-free and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content and any information, data or other material generated through the use of the Services on or in any and all media (now known or hereafter developed).  You also hereby grant each user of the Site or the Services a non-exclusive license to access your User Content and any information, data or other material generated through the use of the Site or the Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content and information, data or other material generated through the use of the Site, the Services and under these Terms. 

5.  Third Party Services

The Site and the Services allow (or may in the future allow) you to select, input, upload and share information and data in connection with and through designated user accounts (“User Accounts”) maintained by you on certain third-party social media platform (“Third Party Services”).  The Site and the Services allow (or may in the future allow) you to access Third Party Services using the Site or the Services to post, link, message users of Third Party Services or otherwise act on a wide variety of information accessed by the Site or the Services and originating from User Accounts on Third Party Services, and to collect data and generate reports based on these activities (collectively, “User Materials”).  You are solely responsible for User Materials. By accessing Third Party Services through the Site or the Services, you represent and warrant that you have the lawful right to access such Third Party Services, and that the creation, distribution and reproduction of the User Materials complies with the terms applicable to the Third Party Services.  You shall ensure that your use of the Site and the Services, including use of User Materials with the Site and/or the Services and Third Party Services, does not contain code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including, without limitation, by introducing viruses or similar code into the Site or the Services, hosted systems or servers, or systems or servers maintained by providers of Third Party Services accessed through the Site or the Services. JLS is not responsible for any loss or damage to User Materials.  You assume all risks for the User Materials and are solely responsible for protecting and backing up the same.

6.  Third Party Links

The Site may contain links to sites not under the control of JLS.  JLS does not assume, and expressly disclaims any and all, responsibility for the content of any page not on the Site.  Links to third-party web sites on the Site are provided solely as a convenience to you.  JLS has not reviewed these third-party web sites, and does not control and is not responsible for any such sites or content displayed thereon.  If you decide to access any of the third-party sites linked to the Site, you do so entirely at your own risk, and the inclusion of any third-party link on the Site does not imply any endorsement or guarantee whatsoever by JLS of such third-party site.  Once you link to a third-party site, you are subject to the terms of use and privacy policy of such site. 

7.  Modifications to the Services

The Services that JLS provides are always evolving and the form and nature of the Services that JLS provides may change from time to time without prior notice to you.  In addition, JLS may stop (permanently or temporarily) providing the Site or the Services (or any features within the Site or the Services) to you or to users generally and may not be able to provide you with prior notice.  We also retain the right to create limits on your use and storage of User Content at our sole discretion at any time without prior notice to you.

8.  Term and Termination

Notwithstanding anything to the contrary herein, we have the right, without notice and in our sole discretion, to terminate your license to use the Site or the Services, and to block or prevent your future access to and use of the Site or the Services.

9.  Advertisements and Promotions

We may now or in the future allow advertisers and corporate partners to post content on the Site and within our Services and provide links to sites and content of third parties (collectively the “Advertiser and Corporate Partner Content”) as a service to those interested in this information.  These advertisements may be targeted to users based on information provided to JLS or the Site, or through use of the Site or the Services, through queries made through the Services, or based on other information.  We do not control, endorse or adopt any Advertiser and Corporate Partner Content, and we make no representation or warranties of any kind regarding the Advertiser and Corporate Partner Content.  The types and extent of advertising by JLS on the Site or in connection with the Services are subject to change.  JLS may use data and information received or generated through your use of the Site or Services to identify other potential users of the Site or Services, demonstrate the capabilities of the Site or Services and/or pursue additional marketing and promotional activities. 

10.  Feedback

You acknowledge and agree that any feedback, including but not limited to suggestions, comments, ideas or other information, provided by you in the form of email or other submissions (collectively, “Feedback”) to us is non-confidential and you hereby grant JLS, its affiliates, subsidiaries, successors and assigns an irrevocable, worldwide, transferable, nonexclusive, royalty-free and fully sublicensable right to use such Feedback for any purpose without any compensation or attribution to you.

11.  Indemnification

You agree, at your sole expense, to defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, legal proceedings, judgments, and any other legal claims, damage awards, or other compulsory payment or performance of any kind arising out of, resulting from, attributable to or in any way incidental to: (i) your use of the Site, the Services or the Site Materials; (ii) your conduct; (iii) your violation of these Terms; (iv) your violation of the rights of any third party; and (v) any User Content posted by you.

12.  Disclaimer of Warranties

THE SITE, THE SERVICES, THE SITE MATERIALS AND ALL USER CONTENT, OTHER SUBMISSIONS AND OTHER MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE SITE, THE SERVICES AND THE SITE MATERIALS ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. JLS AND OUR LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. JLS AND OUR LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE ACCURACY, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, COMPATIBILITY AND PERFORMANCE OF THE SITE, THE SERVICES, THE SITE MATERIALS AND THE USER CONTENT.  JLS AND OUR LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR IN CONNECTION WITH THE SERVICES OR RECEIVED THROUGH ANY LINKS DISPLAYED ON THE SITE OR THROUGH THE SERVICES OR ANY USER CONTENT, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS DISPLAYED ON THE SITE OR THROUGH THE SERVICES OR ANY USER CONTENT.

YOU AGREE THAT YOUR USE OF THE SITE, THE SERVICES, THE SITE MATERIALS AND ALL USER CONTENT SHALL BE AT YOUR SOLE RISK.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, AT YOUR OWN DISCRETION AND RISK. JLS DOES NOT WARRANT THAT THE SITE, THE SERVICES, THE SITE MATERIALS OR ANY USER CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT DATA WILL NOT BE LOST OR THAT THE SITE OR THE SERVER THAT MAKES SUCH CONTENT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  IN SUCH EVENT, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.  JLS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE SERVICES, THE SITE MATERIALS OR ANY USER CONTENT.  YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST JLS, ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WITH RESPECT TO THE SITE, THE SERVICES, THE SITE MATERIALS AND THE USER CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). 

13.  Limitation of Liability

JLS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS ASSUME NO LIABILITY OR RESPONSIBILITY FOR, AND IN NO EVENT, INCLUDING NEGLIGENCE, SHALL JLS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM, ANY:

•    PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, THE SERVICES, THE SITE MATERIALS OR ANY USER CONTENT;

•    UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;

•    INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; 

•    BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, OR SITES LINKED TO BY THIS SITE, BY ANY THIRD PARTY; AND/OR

•    ERRORS OR OMISSIONS IN ANY CONTENT MADE AVAILABLE BY JLS OR OUR USERS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JLS IS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL JLS’S AGGREGATE LIABILITY EXCEED $100.00.  THIS ALLOCATION OF RISK UNDER THESE TERMS IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.  EACH OF THESE PROVISIONS SHALL BE SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS SET FORTH IN THESE TERMS.  THE LIMITATIONS IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.  

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.  

14.  Copyright Infringement and Complaints 

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, access to the Site and the Services for users who we have deemed, in our sole discretion, to be repeat infringers. We may also, at our sole discretion, limit and/or terminate access to the Site and the Services for any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Additionally, we reserve the right to limit access to the Site and the Services for any users for reasons of our own discretion, that we are not obligated to reveal, at any time.

If you believe that anything on our site infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below.

Name of Agent Designated to receive notification of claimed infringement:
GARVEY SCHUBERT BARER GSBLaw.com

Full address of Designated Agent to which notification should be sent: 

GARVEY SCHUBERT BARER
ATTN: John Crosetto
Eighteenth Floor
1191 Second Avenue
Seattle, Washington 98101-2939

Telephone Number of Designated Agent: 206 464 3939

E-Mail Address of Designated Agent: legal@jonathanlivingstonseagull.com

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including but not limited to costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

15.  Privacy Policy

Please refer to our Privacy Policy. As indicated above, the Privacy Policy also applies to your access and use of the Site and the Services, and describes our practices and policies related to the collection, use and storage of information about users of the Site and/or the Services.

16.  Consent to Electronic Communications

By accessing the Site or using the Services, you consent to receiving electronic communications from us.  Such communications may include notices and information concerning or relating to the Site or Services.  You agree that any electronic notices, agreements, disclosures or other communications will satisfy any legal communication requirements, including any requirements that such communications be in writing. 

17.  Applicable Law and Venue

These Terms and your use of the Site or the Services will be governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and to be entirely performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms or your use of the Site or the Services will be filed only in the state and federal courts located in Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms or your use of the Site or the Services.

18.  Entire Agreement

These Terms, including all Policies, constitute the entire agreement between JLS and you concerning the Site and the Services.  These Terms supersede any and all prior agreements or communications between JLS and you concerning the subject matter of these Terms. 

Questions & Contact Information

Questions, comments and any other correspondence regarding our site may be directed to us at the email address contact@jonathanlivingstonseagull.com.

Last updated: March 30, 2014