Last Updated: July 16, 2012
By accessing, viewing, downloading, or otherwise using content, games, media, or any other products or services, including the underlying proprietary code and technology, owned or operated by Lucasfilm Ltd. or its affiliates, subsidiaries, related corporate entities, and authorized partners ("Lucasfilm" or "we", "us" or "our") (collectively, the “Lucasfilm Products”) you acknowledge that you have read, understood, and agree to be bound by the Terms of Use described below, and your use of such Products is at all times subject to these Terms of Use.
Additionally, when using the Lucasfilm Products, you will also be subject to the Lucasfilm Privacy Policy and additional posted guidelines, policies or rules applicable to specific services and features on such Lucasfilm Products, which may be posted by us from time to time (collectively, the "Guidelines"). All of these Guidelines are part of this Agreement and are hereby incorporated by reference.
These Terms of Use and any future modifications to such Terms of Use and Guidelines (collectively, the "Terms" or "Agreement"), govern your use of the Lucasfilm Products and constitute a legal contract between you and Lucasfilm.
If you do not agree to these Terms, please immediately discontinue using the Lucasfilm Products. We reserve the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check the Terms periodically for changes. Your continued use of the Lucasfilm Products after the posting of changes will mean you agree to abide by those changes. Please note that additional and/or different terms of use may apply to services provided through one or more business associates of Lucasfilm, and you should refer to those before using such services.
Sections:
1. User Generated Content
2. Submissions
3. Licenses from Lucasfilm
4. Interactive and Social Features
5. Lucasfilm Trademarks and Legal Notices
6. Lucasfilm Ownership Rights
7. Third Party Content and Hyperlinks to Third Party Sites
8. Acceptable Use and Conduct
9. Copyright Infringement/Digital Millennium Copyright Act Compliance
10. Your Account
11. Disclaimer of Warranties
12. Indemnity
13. Your Interactions with Other Users
14. Limitation of Liability
15. Changes to the Lucasfilm Products
16. Beta Programs
17. Amendments
18. Term and Termination
19. Injunctive Relief; Governing Law; Venue
20. United States Export Controls
21. General
22. Contacting Us
1. User Generated Content
Lucasfilm does not claim any ownership rights in user generated content (“Your Content”). After posting Your Content, you continue to retain any ownership rights you have toYour Content, and you continue to have the right to use and license Your Content in any way you choose. The Content that you upload to the Lucasfilm Products needs to comply with the terms of this Agreement.
You hereby grant Lucasfilm , a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable right and license to (i) use, reproduce, create derivative works of, distribute, publicly perform and publicly display Your Content (a) for the sole purpose of operating and making Your Content available on the Lucasfilm Products and in all current and future media in which the Lucasfilm Products may now or hereafter be distributed or transmitted or (b) for our internal business purposes; and (ii) prepare, use, and disclose metrics regarding Your Content on an aggregated basis for advertising, marketing and business development purposes. This license will terminate at the time you remove your Content from the Lucasfilm Products. Without limiting the foregoing, you agree that Content you remove may persist for a reasonable amount of time in back-up copies.
You hereby agree that if Your Content is removed from the Lucasfilm Products due to a violation of these Terms, including in response to any DMCA (as defined below) take-down notice or because such Content contains illegal or otherwise objectionable images, Lucasfilm shall have the right to use and reproduce Your Content in any manner without restriction, including in response to any subpoena or other judicial or administrative order, to assist government enforcement agencies or otherwise required by law and to protect the rights, property or safety of Lucasfilm, any individual, or the general public. If Your Content is lost, altered, damaged, misused, or otherwise irretrievable, you agree to and hereby do waive any and all liability as to Lucasfilm.
You are responsible for making sure that you have all rights in Your Content, including the rights necessary for you to grant the foregoing licenses to Your Content. You are solely responsible for Your Content. Lucasfilm does not guarantee any confidentiality or privacy with respect to any of Your Content.
Additionally, you understand and agree that Your Content that is displayed on the Lucasfilm Products may continue to appear on the Lucasfilm Products, even after you have deactivated your Lucasfilm account or terminated these Terms, as portions of Your Content may have been incorporated into other Lucasfilm features including but not limited to profiles, community boards, third party social sharing sites, RSS feeds or other features.
Lucasfilm company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. Accordingly, we must request that no users of Lucasfilm Products submit or send any original creative materials, including but not limited to submissions of scripts, story lines, fan fiction, characters, drawings, information, suggestions, ideas or concepts. If you send certain specific submissions (e.g., postings to chats, surveys, message boards, contests, or similar items) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively the "Submissions") such Submissions shall be deemed and shall remain the property of Lucasfilm in perpetuity. By making any Submission, the sender automatically grants, or warrants that the owner of such material expressly grants, Lucasfilm the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) throughout the universe and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for any purpose that Lucasfilm chooses, whether internal, public, commercial, or otherwise, without any compensation, credit or notice to the sender whatsoever. The sender waives all so-called "moral rights" in all Submissions. The sender further waives the right to make any claims against Lucasfilm relating to unsolicited Submissions, including, but not limited to, unfair competition, breach of implied contract and/or breach of confidentiality.
3. Licenses from LucasfilmLicense to Lucasfilm Products
During and subject to the terms and conditions of this Agreement, Lucasfilm hereby grants you a limited, non-exclusive, non-sublicenseable, non-transferable, freely revocable license to access and use the Lucasfilm Products in the manner in which their use is intended by Lucasfilm. For clarity, aside from the foregoing limited license, you acknowledge that you shall acquire no other rights in any Lucasfilm Products unless specifically and expressly granted by Lucasfilm in writing. You agree that, as between you and Lucasfilm, all the intellectual property rights in the Lucasfilm Products are owned by Lucasfilm or its licensors.
License Restrictions
Except as expressly permitted under this Agreement, you agree not to, nor will you allow any third party (whether or not for your benefit) to:
- Run, rent, lease, loan, or sell access to the Lucasfilm Products.
- Decompile or reverse engineer (except as otherwise permitted by applicable law notwithstanding such limitation) or attempt to access the source code of the software underlying the Lucasfilm Products.
- Copy, archive, store, reproduce, rearrange, modify, adapt, download, upload, create derivative works from, display, perform, publish, distribute, redistribute or disseminate any Lucasfilm Products.
- Access the Lucasfilm Products to build a product using similar ideas, features, functions, interface or graphics of the Lucasfilm Products.
- Access (or attempt to access) any service on the Lucasfilm Products by any means other than as permitted in these Terms.
- Circumvent, disable or otherwise interfere with any features of the Lucasfilm Products that prevent, restrict, or limit the copying, sharing, or other unauthorized manipulation of any Lucasfilm or third party content.
- Access the Lucasfilm Products to cause a breach of security to the Lucasfilm Products or interfere with the proper working of the Lucasfilm Products or prevent others from using the Lucasfilm Products.
- Delete the copyright and other proprietary rights notices on the Lucasfilm Products.
To the extent such service is available on the Lucasfilm Products, you are welcome to post, transmit or submit messages ("Messages") to forums, blogs, bulletin boards, chat rooms, user commenting features or other interactive or social features that may be offered within, or in connection with, the Lucasfilm Products (collectively, "Forums"). If you use any such Forums, you should be aware that any personal information you submit, display, or publish there is considered publicly available and can be read, collected, used, and disclosed by other users of those features, by us, and other third parties without restriction. Lucasfilm accepts no responsibility whatsoever in connection with or arising from such Messages, or for the personal information you choose to submit in these features. Lucasfilm does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by Lucasfilm prior to posting and do not necessarily reflect the opinions or policies of Lucasfilm. Lucasfilm makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, Lucasfilm reserves the right to prevent you from submitting content to Forums and to edit, restrict or remove such Messages for any reason at any time.
Lucasfilm assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time Lucasfilm chooses, in its sole discretion, to monitor the Forums, Lucasfilm nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that Lucasfilm accepts no liability whatsoever if it chooses to block your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of the Lucasfilm Products to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the Lucasfilm Products by any other person.
You agree that any Message whatsoever submitted by you becomes the property of Lucasfilm and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed and published, displayed or deleted as Lucasfilm sees fit.
Lucasfilm trademarks, logos, images, service marks, trade names and other distinctive branding features used on the Lucasfilm Products (collectively, the "Lucasfilm Marks") are the trademarks of Lucasfilm and may not be used without permission. Lucasfilm is not granting you a license under any intellectual property right to the Lucasfilm Marks. Other trademarks, logos, and trade names that may appear on the Lucasfilm Products are the property of their respective owners.
6. Lucasfilm Ownership RightsThe Lucasfilm Products are owned and operated by Lucasfilm , Lucasfilm’s partners or Lucasfilm’s licensees. The contents of the Lucasfilm Products are protected by United States copyright and trademark law, international conventions and other applicable laws. All text, graphics, photographs, audio and/or video material or stills from audiovisual material or any other materials, including downloadable material, contained in the Lucasfilm Products (collectively, the "Materials"), are the copyrighted property of Lucasfilm or its subsidiaries or affiliated companies and/or third-party licensors and are offered to you by Lucasfilm for limited use solely pursuant to these Terms. All trademarks, service marks, and trade names are proprietary to Lucasfilm or its affiliates and/or third-party licensors. STAR WARS: EPISODE I - THE PHANTOM MENACE; STAR WARS: EPISODE II - ATTACK OF THE CLONES; STAR WARS: EPISODE III - REVENGE OF THE SITH; STAR WARS: EPISODE IV - A NEW HOPE; STAR WARS: EPISODE V - THE EMPIRE STRIKES BACK; STAR WARS: EPISODE VI - RETURN OF THE JEDI; STAR WARS: THE CLONE WARS; RAIDERS OF THE LOST ARK; INDIANA JONES AND THE TEMPLE OF DOOM; INDIANA JONES AND THE LAST CRUSADE; INDIANA JONES AND THE KINGDOM OF THE CRYSTAL SKULL and all other Lucasfilm productions, logos, characters, artwork, stories, information, names, and other unique elements associated therewith are the sole and exclusive property of Lucasfilm and/or its licensors. Any use of any of the Materials on the Lucasfilm Products other than for private, non-commercial viewing purposes is strictly prohibited. The sale, auction, lease, loan, gift, trade or barter, or use of any of the materials contained herein, for any other purpose except as expressly permitted pursuant to these Terms, in any form, media or technology now known or hereafter developed, including the use of any of the aforementioned materials on any other website or networked computer environment, without express prior written consent from Lucasfilm, is expressly prohibited. Except as expressly provided for under these Terms, the creation of derivative works based on the Materials contained herein is expressly prohibited. You may use one copy of the Materials on any single media device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose is a violation of Lucasfilm's and/or its licensors’ copyright and other proprietary rights. As a condition of your use of the Lucasfilm Products, you will not use the Lucasfilm Products for any purpose that is unlawful or prohibited by these Terms.
You agree that, as between you and Lucasfilm, Lucasfilm owns all right, title and interest, including, all intellectual property rights, in and to the Lucasfilm Products. You shall not acquire any right, title or interest therein, except for the limited rights expressly set forth in this Agreement. Any rights not expressly granted herein, are reserved to Lucasfilm. You agree to abide by all copyright notices, information, or restrictions contained in any part of the Lucasfilm Products. You must not alter, delete, or conceal any copyright, trademark, patent, or other notices contained on or in any of the Lucasfilm Products.
Content from other users or advertisers, including information about third party products and services and any third party applications ("Third Party Content"), is made available to you through the Lucasfilm Products. The inclusion of Third Party Content on the Lucasfilm Products does not imply our affiliation or endorsement of such Third Party Content. Because we do not control Third Party Content, you agree that we are not responsible for any such Third Party Content, including the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating to such Third Party Content, any such Third Party Content is the sole responsibility of the person from which such Third Party Content originated, and Lucasfilm has no obligation to monitor such Third Party Content. Notwithstanding the foregoing, Lucasfilm or its designees reserves the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display or transmit any Third Party Content in whole or part at any time for any reason or no reason with or without notice and with no liability of any kind. You are solely responsible (and assume all liability and risk) for determining whether or not such Third Party Content is appropriate or acceptable to you. You understand that by using the Lucasfilm Products you may be exposed to Third Party Content that is offensive, indecent or objectionable, and that you use the Lucasfilm Products at your own risk.
Additionally, Lucasfilm or third parties may provide hyperlinks on the Lucasfilm Products, or any other form of link or redirection of your connection to other sites ("Third Party Sites"). These Third Party Sites are in no way integrated into the Lucasfilm Products and the inclusion of any link on the Lucasfilm Products does not imply Lucasfilm's affiliation or endorsement of such Third Party Sites, their business practices (including their privacy policies) or any information therein. Lucasfilm expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through the Lucasfilm Products. ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.
You represent and warrant to Lucasfilm that: (a) you will comply with all applicable local, state, national and international laws, rules, and regulations in connection with your use of the Lucasfilm Products; (b) you have the right to grant to Lucasfilm the rights granted herein and you own or have all necessary rights, title and interest in and to Your Content; (c) Your Content does not and will not (i) infringe, violate or misappropriate any third-party rights, including any copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary rights, or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any person; and (d) Your Content does not contain any viruses, Trojan horses, or other computer programming routines that may potentially damage, harm or otherwise interfere with the Lucasfilm Products. You are solely responsible for your conduct and Your Content on the Lucasfilm Products. We want to keep the Lucasfilm Products safe and fun for everyone and the use of the Lucasfilm Products for unlawful or harmful activities is not allowed. You specifically agree that:
You will not post, email or make available any content (including without limitation submission of any Messages to Forums or any of Your Content) to users or use the Lucasfilm Products:
- In a manner that infringes, violates or misappropriates Lucasfilm’s or any third party's copyright, trademark, trade secret or other intellectual or property rights, contractual rights or rights of publicity or privacy (and by submitting Messages to Forums or any of Your Content, you represent to Lucasfilm that you are the rightful owner of such content or that you have first obtained permission to submit the material from the rightful owner);
- to reveal trade secrets or any information which you have agreed, expressly or by implication, to keep confidential;
- in a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- to engage in illegal activities or any advertising, commercial, marketing or promotional activities that are intended to solicit a person to buy or sell services or to make donations, or link to, directly or indirectly, any sites that violate these Terms, any applicable laws, regulations or generally-accepted advertising industry guidelines, including to other users whether on or off the Lucasfilm Products;
- in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
- in a manner that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law or may create liability for Lucasfilm or cause Lucasfilm to lose (in whole or in part) the services of our ISPs or other suppliers;
- in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another's privacy or publicity rights;
- in a manner that is harmful to minors in any way;
- in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by Lucasfilm;
- to impersonate a Lucasfilm employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to the Lucasfilm Products without authorization;
- to interfere or attempt to interfere with the proper working of the Lucasfilm Products or prevent others from using the Lucasfilm Products, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Lucasfilm Products, or that otherwise negatively affects other persons' ability to use the Lucasfilm Products;
- to obtain or attempt to obtain any Materials or information through any means not intentionally made available through the Lucasfilm Products;
- to use any manual or automated means, including agents, robots, scripts, or spiders, to monitor or copy the Lucasfilm Products or the content contained therein;
- to facilitate the unlawful distribution of copyrighted content;
- in a manner that includes personal or identifying information about another person without that person's explicit consent;
- in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Lucasfilm Products or to users; and
- in a manner that constitutes or contains any form of advertising or solicitation if (1) posted in Your Content; or (2) emailed to users who have requested not to be contacted about other services, products or commercial interests.
You acknowledge that Lucasfilm may terminate your account and remove your account information, as well as disable your access to the Lucasfilm Products, for violation of this section or these Terms and any other reason as Lucasfilm may deem necessary.
9. Copyright Infringement/Digital Millennium Copyright Act ComplianceIt is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA").
Notification of Infringement
It is our policy to respect the intellectual property of others and to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the "DMCA"). In addition, we will promptly terminate without notice the accounts of those determined by us to be "repeat infringers." If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Lucasfilm Products infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing our Designated Copyright Agent (as listed below) with the following information in writing (please consult your legal counsel or See 17 U.S.C. Section 512(c)(3) to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Lucasfilm Products are covered by a single notification, a representative list of such works at that Lucasfilm Products.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Lucasfilm to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit Lucasfilm to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- 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 copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
You may submit your notification of alleged copyright infringement by sending it to our Designated Copyright Agent by mail or e-mail as set forth below.
Counter-Notification
If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or See 17 U.S.C. Section 512(g)(3) to confirm these requirements):
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Lucasfilm may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Lucasfilm only accepts counter-notifications that meet the requirements set forth above and are received from the email address associated with the account you used to upload the content within seven (7) business days of our forwarding you the DMCA notice. You may submit your counter-notification by sending it to our Designated Copyright Agent by mail or e-mail.
Designated Copyright Agent
Our Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows:
DMCA Complaints
Lucasfilm Ltd.
Business Affairs
P.O. Box 29901
San Francisco, CA 94129
Fax: (415) 623-1059
Email: dmcacomplaints@lucasfilm.com
For clarity, only DMCA notices should go to our Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to our customer service department. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Lucasfilm may remove any allegedly infringing content without any liability to you.
Lucasfilm will promptly terminate without notice any user's access to the Lucasfilm Products in appropriate circumstances where the user is a repeat infringer of copyrights. Generally, Lucasfilm will consider a user a repeat infringer if it has received more than two third-party notices of alleged infringement concerning content posted by that user anywhere on the Lucasfilm Products. Lucasfilm, however, reserves the right to identify and terminate users under any circumstances it deems appropriate, including after only a single instance of allegedly infringing behavior by that user.
We may ask you to register and create a Lucasfilm account in order to access, interact with, or otherwise use certain Lucasfilm Products. You are responsible for keeping your Lucasfilm account information secure. You agree to provide Lucasfilm with current, complete and accurate information for the duration of your Lucasfilm account. Lucasfilm accounts are non-transferable. You will be solely responsible and liable for any activity that occurs under your Lucasfilm account. Lucasfilm reserves the right to log off or deactivate accounts for extended inactivity, any violation of these Terms, and for any other reason at any time within the sole discretion of Lucasfilm. You may delete your Lucasfilm account and end your use of the Lucasfilm Products at any time by logging in and completing the account deletion flow.
11. Disclaimer of WarrantiesYOUR USE OF THE LUCASFILM PRODUCTS, MATERIALS AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE LUCASFILM PRODUCTS AND ALL LUCASFILM CODE, MATERIALS AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LUCASFILM AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. LUCASFILM AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT THE LUCASFILM PRODUCTS, LUCASFILM CODE, MATERIALS OR CONTENT (INCLUDING THIRD PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE LUCASFILM PRODUCTS ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE OR WILL BE FREE FROM SECURITY BREACHES.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LUCASFILM PRODUCTS IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LUCASFILM OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THE LUCASFILM PRODUCTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
You agree to indemnify, defend, protect, and hold harmless Lucasfilm, and its successors, subsidiaries, affiliates, co-branders, contractors, employees, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys' fees) arising out of or relating to:
- Your use or misuse of, or connection to, the Lucasfilm Products;
- Your breach or alleged breach of this Agreement;
- Your violation of any rights (including intellectual property rights) of a third party; and
- Your use or misuse of any user data, including in violation of the Lucasfilm Privacy Policy.
Lucasfilm reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Lucasfilm. Lucasfilm will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
13. Your Interactions with Other UsersYour interactions with other users and third parties, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and the other user or third party. As with any web-based interaction, we suggest that you use caution and good judgment. If there is a dispute between you and any user or third party, Lucasfilm is under no obligation to become involved.
You release Lucasfilm, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other users and other third parties. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." And, if you are not a California resident, you waive any applicable state statutes of a similar effect.
YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL LUCASFILM OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR COST OF COVER OR FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF LUCASFILM OR ANY OTHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY OF THE LUCASFILM CODE, ON COMPRISING OR THROUGH THE LUCASFILM PRODUCTS OR TO ANY OTHER INTERACTIONS WITH LUCASFILM; OR (B) ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE LUCASFILM PRODUCTS (IN THE AGGREGATE FOR ALL POTENTIAL CLAIMS BY YOU) IN EXCESS OF THE GREATER OF (i) ONE HUNDRED DOLLARS (US$100) OR (ii) THE TOTAL AMOUNTS PAID TO LUCASFILM BY YOU IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN LUCASFILM AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE LUCASFILM PRODUCTS OR RECEIVED BY YOU ON ANY THIRD PARTY SITES.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
Lucasfilm reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing any of the Lucasfilm Products or any part thereof, including adding new features to the Lucasfilm Products, with or without notice. Lucasfilm will not be liable to you or to any third party for any modification, suspension or discontinuance of any portion of the Lucasfilm Products or any of the Lucasfilm Products as a whole.
16. Beta ProgramsOn occasion, Lucasfilm may choose certain users to test, review, examine, assess, and use certain Lucasfilm Products through a Beta program (“Beta”). You may be required to register for an account or otherwise submit certain personal information in order for Lucasfilm to identify you, properly determine your eligibility to participate in a Beta, and contact you upon selection for a Beta. Lucasfilm will select qualified Beta users on a first-come first-served basis. Selection for a Beta program in no way creates an employment relationship between Lucasfilm and the Beta user and does not entitle the Beta user to any benefits or compensation.
If you participate in a Beta, you must not disclose any information in any form regarding any part of the Beta unless expressly permitted in writing. You may not share, post, blog, send, email, record, summarize, excerpt or otherwise disclose any part of any Beta, including the sale, resale, copying, or distribution of any access codes or keys to participate in any Beta. Lucasfilm may collect any and all information submitted as part of the Beta including but not limited to certain personal information, user data, and game play data. You agree to allow Lucasfilm to contact you regarding your participation in the Beta and seek your participation in user group studies and other participatory surveys.
We may amend, modify, change, add or remove portions of this Agreement at any time without notice to you by posting a revised version on www.lucasfilm.com or elsewhere on the Lucasfilm Products. The revised version will be effective at the time we post it. Please check this Agreement periodically for changes. Your continued use of the Lucasfilm Products after posting of the changes constitutes your binding acceptance of such changes. We last modified this Agreement on the date stated above. However, if the revised version includes a material change, it will be effective for an existing Lucasfilm user on the earlier of (a) the date you accept it, or (b) thirty (30) days after the material changes are initially posted to www.lucasfilm.com or elsewhere on the Lucasfilm Products. The revised version will apply to you immediately if you are a user who registers or first uses the Lucasfilm Products on or after the posting of the revised version.
18. Term and TerminationTerm
This Agreement shall remain in full force and effect unless and until your account is terminated as provided herein.
Termination
Lucasfilm has the right (at its sole discretion) for any reason to delete, disable or deactivate your account (or any part thereof), block your email or IP address, or otherwise terminate your access to or use of the Lucasfilm Products, and remove and discard all or any part of your account or any Submissions, for any reason whatsoever in Lucasfilm's sole discretion, with or without notice, and with no liability of any kind to you or any third party.
You may delete your Lucasfilm account and end your use of the Lucasfilm Products at any time by logging in and completing the account deletion flow.
Effects of Terminating
Upon deleting or terminating your account, this Agreement terminates and you will no longer have a right to access your account or any content on Lucasfilm Products.
Survival
The following Sections will survive termination of these Terms for any reason: Sections 1, 2, 4, 5, 6, 7, 8, 11, 12, 13, 14, 15, 17, 18, 19, 20, and 21.
You acknowledge and agree that a breach or threatened breach of any covenant contained in these Terms would cause irreparable injury, that money damages would be an inadequate remedy and that Lucasfilm shall be entitled to temporary and permanent injunctive relief, without the posting of any bond or other security, to restrain you from such breach or threatened breach. Nothing in this Section shall be construed as preventing Lucasfilm from pursuing any and all remedies available to it, including the recovery of money damages from you.
This Agreement shall be governed by and construed in accordance with California governing law and applicable provisions of U.S. federal law without regard to conflict of law principles. The provisions of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act, however designated, are excluded and shall not apply to this Agreement or any transactions hereunder.
You agree to submit to the personal and exclusive jurisdiction of the federal courts of the Northern District of California for the purpose of litigating all such claims or disputes.
Unless otherwise specified, the materials in the Lucasfilm Products are presented solely for the purpose of promoting programs, films, and other products available in the United States and its territories, possessions, and protectorates. Lucasfilm is controlled and operated from its United States offices in California. We make no representation that materials on the Lucasfilm Products are appropriate or available for use in any particular location. You agree that if you choose to access the Lucasfilm Products, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. Specifically, you agree that you shall not -- directly or indirectly -- sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such software or technology) received from Lucasfilm under this Agreement into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders; or (iii) to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. By downloading or using any software from the Lucasfilm Products, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
You agree to indemnify Lucasfilm, to the fullest extent permitted by law, from and against any fines or penalties that may arise as a result of your breach of this provision. This export control clause shall survive termination or cancellation of this Agreement.
The failure of Lucasfilm to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, unlawful, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
You may not delegate or transfer your duties and obligations under this Agreement or assign this Agreement or your Lucasfilm account, in whole or in part, to anyone. Lucasfilm may assign any of its rights and obligations under this Agreement without notice or consent, including in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction.
This Agreement, which incorporates the Lucasfilm Privacy Policy and the Guidelines, constitutes the entire agreement between you and Lucasfilm and governs your use of the Lucasfilm Products, superseding any prior agreements (whether written or oral) between you and Lucasfilm regarding the subject matter hereof. Neither party is relying upon any warranties, representations, assurances or inducements not expressly set forth in this Agreement.
The terms "including" and "includes" shall be deemed to be followed by the statement "without limitation" and neither of these terms shall be construed to limit any word or statement it follows to the specific or similar terms or matters immediately following it.
Lucasfilm may provide you with notices, including those regarding changes to this Agreement or any of Lucasfilm's terms and conditions, by email, regular mail, or postings on the Lucasfilm Products. Notices not pertaining to any amendments to this Agreement or any Guidelines (such as notices relating to technical changes to the Lucasfilm Products) are deemed given two (2) days following the initial posting.
You may contact Lucasfilm at:
Lucasfilm Ltd.
Business Affairs
P.O. Box 29901
San Francisco, CA 94129
info@lucasfilm.com
We welcome your feedback and thank you for using the Lucasfilm Products!
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