NEWHALL LABORATORIES™ POLICY REGARDING SUBMISSIONS, POSTINGS AND OTHER COMMUNICATIONS

Submissions

All remarks, suggestions, ideas, graphics, or other information communicated by you to NEWHALL LABORATORIES™ through the NEWHALL LABORATORIES™ Websites (collectively, the “Submission”) will forever be the property of NEWHALL LABORATORIES™ and you waive all of your rightsluding but not limited to moral rights, therein if applicable, provided that you will continue to be responsible for the content of the Submission including, without limitation, any indemnification obligations related to such Submissions.

NEWHALL LABORATORIES™ will not be required to treat any Submissions as confidential, and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future NEWHALL LABORATORIES™ operations. Without limitation, NEWHALL LABORATORIES™ will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere and will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. NEWHALL LABORATORIES™ retains the right to review, edit or delete from the NEWHALL LABORATORIES™ Websites any Submission that NEWHALL LABORATORIES™ in its sole discretion considers illegal, offensive, in violation of a third party right or otherwise inappropriate.

Postings and Message Boards

NEWHALL LABORATORIES™ requires that you do not post e-mails or submit to or publish through the NEWHALL LABORATORIES™ Websites or otherwise make available on the NEWHALL LABORATORIES™ Websites any content, or act in a way, which in our opinion:

 

(a) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;

(b) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

(c) infringes any intellectual property or other right of any entity or personluding violating anyone’s copyrights or trademarks or their rights of publicity;

(d) violates any law or may be considered to violate any law;

(e) you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);

(f) advocates or promotes illegal activity;

(g) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

(h) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on the NEWHALL LABORATORIES™ Websites;

(i) solicits funds, advertisers or sponsors;

(j) includes programs which contain viruses, worms and/or “Trojan horses” or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

(k) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the NEWHALL LABORATORIES™ Websites;

(l) copies any other pages or images on the NEWHALL LABORATORIES™ Websites except with appropriate authority;

(m) includes MP3 format files;

(n) amounts to a “pyramid” or similar scheme;

(o) amounts to “data warehousing” (i.e., using any web space made available to you as storage for large files which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via NEWHALL LABORATORIES™;

(p) disobeys any policy or regulations established from time to time regarding use of the NEWHALL LABORATORIES™ Websites or any networks connected to the NEWHALL LABORATORIES™ Websites;

(q) involves spoofing or otherwise impersonating any person or entityluding, without limitation, any other users or any of NEWHALL LABORATORIES™’s personnel, or falsely stating or otherwise misrepresenting your identity or affiliation in any way, or forging any TCP/IP packet header or any part of the header information in any e-mail or other posting; or

(r) contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (q) above.

Email and Other Communications

In connection with your use of the NEWHALL LABORATORIES™ Websites, you consent to NEWHALL LABORATORIES™ recording any communication, electronic or otherwise, between you and NEWHALL LABORATORIES™ and retaining any information and data you submit while using the NEWHALL LABORATORIES™ Websites.

In using the NEWHALL LABORATORIES™ Websites, you may be permitted to communicate electronically with NEWHALL LABORATORIES™ by sending electronic mail to NEWHALL LABORATORIES™; however, you acknowledge and agree that only general information or inquiries may be submitted to NEWHALL LABORATORIES™ via electronic mail and any other submissions or communications on or through the NEWHALL LABORATORIES™ Websites (e.g., the placement of orders) may be submitted only in accordance with the express instructions set forth on the NEWHALL LABORATORIES™ Websites for such submissions or communications. Please do not send any time-sensitive communications to NEWHALL LABORATORIES™, as NEWHALL LABORATORIES™ cannot be responsible for responding to any such communications.

Investigations

NEWHALL LABORATORIES™ may seek to gather information from the user who is suspected of violating this Agreement, and from any other user. NEWHALL LABORATORIES™ may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If NEWHALL LABORATORIES™ believes, in its sole discretion, that a violation of this Agreement has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. NEWHALL LABORATORIES™ will fully cooperate with any law enforcement authorities or court order requesting or directing NEWHALL LABORATORIES™ to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate this Agreement. YOU WAIVE AND HOLD HARMLESS NEWHALL LABORATORIES™ FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY NEWHALL LABORATORIES™ DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER NEWHALL LABORATORIES™ OR LAW ENFORCEMENT AUTHORITIES.