1. Definitions
“Content” means (i) any work of authorship, including comments, recommendations, forums, photos, videos, music, sounds, images, text, files, listings, logos, trademarks, postings, messages, tags and other content added to or submitted with any of the foregoing; and (ii) other materials posted on or transmitted through the Star Wars Site. “Your Content” is any Content that you post or cause to be posted to, submitted to, or in any way transmitted via, the Star Wars Site as a User of the Site.
“Embeddable Widget” means any embeddable application provided and hosted by Lucas that allows for the viewing or playing of audio, photos, video, text and other material on third party websites or services.
“Members” means Star Wars Site Members.
“Lucas ID” is an account you create with Lucas which includes a name, email address, date of birth and password. When you register as a Member on the Star Wars Site, you use the email address and password portion of your Lucas ID to authenticate with such Site.
“Lucas Members” are Users (as defined below) who complete a registration process with Lucas and obtain a Lucas ID.
“Lucas Member Data” is data collected from Users by Lucas, including the data collected for the Lucas ID and any data provided in Your Lucas Profile (as defined below).
“Lucas Member Services” are the services provided by Lucas to Members. Lucas Member Services include, but aren't limited to: Member registration, Member sign in and authentication, and the Lucas Profile.
“Lucas Profile” means information that, if you are a Lucas Member, you have provided to Lucas, and that is aggregated by Lucas into a master profile. “Your Lucas Profile” is a Lucas Profile created by you on the Star Wars Site.
“Lucas Technology” means the past, present and future content of the Star Wars Site, including all software in any format (including the Site Code), Embeddable Widgets, hardware, products, processes, algorithms, user interfaces, know-how, techniques, organization, designs, text, images, photographs, illustrations, audio or video material, artwork, graphic material, themes, podcasts, advertising copy, databases, proprietary information, all copyrightable or otherwise legally protectable elements of the Star Wars Site and all other tangible or intangible materials related to, displayed, performed or distributed on the Star Wars Site and the Star Wars Site itself, including, the selection, sequence, and “look and feel” and arrangement of items on the Star Wars Site, and all Lucas Marks (as defined below), domain names, patents, and other intellectual property.
“Site Code” means the proprietary portion of the Star Wars Site that is used to interpret the services available on the Star Wars Site, and includes any and all underlying elements of the Star Wars Site, including without limitation source code, scripts, object code, software, computer programs, and other sets of statements or instructions contained in or underlying the Site.
“User(s)” are all end user(s) of the Star Wars Site, and include you, any unregistered users, and all Lucas Members.
2. Your Content and License to Your Content
Lucas does not claim any ownership rights in Your Content. After posting Your Content, you continue to retain any ownership rights you have to Your 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 Star Wars Site needs to comply with the terms of this Agreement. At any point, if Your Content is still available, you can remove it from the Star Wars Site and cancel your account and Lucas does not retain any license rights.
You hereby grant Lucas, during the course of your usage of the Star Wars Site, 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 Star Wars Site and in all current and future media in which the Star Wars Site may now or hereafter be distributed or transmitted or (b) for our internal business purposes; and (ii) disclose metrics regarding Your Content on an aggregated basis for advertising, marketing and business development purposes. If you wish to grant other Users or the general public additional licenses to Your Content, please include the license terms with Your Content. This license will terminate at the time you remove your Content from the Star Wars Site. 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 Star Wars Site 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 images, Lucas 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 Lucas, any individual, or the general public. If Your Content is lost, altered, damaged, misused, or otherwise irretrievable, you agree to waive any and all liability as to Lucas.
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. You understand that whether or not Your Content is published or marked private by you, Lucas 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 Star Wars Site may continue to appear on the Star Wars Site, even after you have terminated your Lucas Member account or terminated these Terms, as portions of Your Content may have been incorporated into Member profiles, RSS feeds or other features.
3. Submissions
Lucas 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 visitors to this Site 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 at our request 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 Lucas in perpetuity. By making any Submission, the sender automatically grants, or warrants that the owner of such material expressly grants, Lucas 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 the full term of any copyright, trademark or patent that may exist in such material for any purpose that Lucas 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 Lucas relating to unsolicited submissions, including, but not limited to, unfair competition, breach of implied contract and/or breach of confidentiality.
4. Licenses From Lucas
License to Star Wars Site
During and subject to the terms and conditions of this Agreement, Lucas hereby grants you a limited, non-exclusive, non-sublicensable, non-transferable, freely revocable license to access and use the Star Wars Site solely to enable your use of the Lucas Member Services. For clarity, aside from the foregoing limited license, you acknowledge that you shall acquire no rights in the Site Code. You agree that, as between you and Lucas, all the intellectual property rights in the Star Wars Site are owned by Lucas or its licensors.
License to Embeddable Widgets
During and subject to the terms and conditions of this Agreement, Lucas hereby grants you a limited, non-exclusive, non-sublicensable, non-transferable, freely revocable license to incorporate Embeddable Widgets into other third party websites or your own personal websites. The foregoing license shall terminate immediately upon expiration or termination of this Agreement at which time you agree to immediately stop using such Embeddable Widget.
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 Star Wars Site or the Lucas Technology.
- Decompile or reverse engineer or attempt to access the source code of the software underlying the Star Wars Site or Lucas Technology.
- Copy, archive, store, reproduce, rearrange, modify, adapt, download, upload, create derivative works from, display, perform, publish, distribute, redistribute or disseminate any Lucas Technology.
- Access the Star Wars Site to build a product using similar ideas, features, functions, interface or graphics of the Star Wars Site.
- Access (or attempt to access) any service on the Star Wars Site by any means other than as permitted in these Terms.
- Circumvent, disable or otherwise interfere with any features of the Embeddable Widget or features that prevent or restrict use or copying of any Content or Third Party Content or enforce limitations on use of the Embeddable Widget or the Content and Third Party Content therein.
- Access the Star Wars Site to upload Your Content to cause a breach of security to the Star Wars Site or interfere with the proper working of the Star Wars Site or prevent others from using the Star Wars Site.
- Delete the copyright and other proprietary rights notices on the Star Wars Site or Embeddable Widgets.
5. Independent Development; Feedback
You agree that Lucas may be currently or in the future, independently developing software, content and other products or services that may be similar to Your Content and nothing in the Agreement will be construed as restricting or preventing Lucas from creating, using or offering for use such software, content and other items. Lucas will not be under any obligation to compensate or acknowledge you for Your Content in any manner.
You may from time to time choose, in your sole discretion, to provide suggestions, comments, improvements, ideas, recommendations or other feedback or materials to us related to the Star Wars Site (including the Site Code and this Agreement) (“Feedback”). If you choose to provide us any such Feedback, you hereby assign all ownership in and to such Feedback to us, and acknowledge that we will be entitled to use and implement any such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation to you. To the extent the foregoing is deemed ineffective, you also hereby grant Lucas a nonexclusive, perpetual, irrevocable, transferable, sublicensable, royalty free, fully paid up license to use such Feedback.
6. Interactive and Social Features
To the extent such service is available on the Star Wars Site, 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 Star Wars Site (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. Lucas accepts no responsibility whatsoever in connection with or arising from such Messages, or for the personal information you choose to submit in these features. Lucas 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 Lucas prior to posting and do not necessarily reflect the opinions or policies of Lucas. Lucas 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, Lucas 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.
Lucas assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time Lucas chooses, in its sole discretion, to monitor the Forums, Lucas 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 Lucas 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 this Site 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 Site by any other person.
Children under the age of 13 are not authorized to post Messages or participate in Forums on this Site.
You agree that any Message whatsoever submitted by you becomes the property of Lucas and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed and published, displayed or deleted as Lucas sees fit.
7. Lucas Trademarks and Legal Notices
Lucas trademarks, logos, images, service marks, trade names and other distinctive branding features used on the Star Wars Site (the “Lucas Marks”) are the trademarks of Lucas and may not be used without permission. Lucas is not granting you a license under any intellectual property right to the Lucas Marks. Other trademarks, logos, and trade names that may appear on the Star Wars Site are the property of their respective owners.
8. Lucas Ownership Rights
The Star Wars Site is owned and operated by Lucas. The contents of the Site 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 contained in the Site, and all Site Code (collectively, the “Materials”), are the copyrighted property of Lucas or its subsidiaries or affiliated companies and/or third-party licensors and are offered to you by Lucas for the limited use solely pursuant to these Terms. All trademarks, service marks, and trade names are proprietary to Lucas or its affiliates and/or third-party licensors. STAR WARS, STARWARS.COM; 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 (collectively referred to herein as the “Star Wars Properties”) and all other Lucas productions, and all logos, characters, artwork, stories, information, names, and other unique elements associated thereto are the sole and exclusive property of Lucas and/or its licensors. Any use of any of the Materials on this Site 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 a prior written consent from Lucas, 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 download one copy of the Materials on any single computer 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 Lucas's copyright and other proprietary rights. As a condition of your use of the Star Wars Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms.
You agree that, as between you and Lucas, Lucas owns all right, title and interest, including, all intellectual property rights, in and to the Lucas Technology. 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 Lucas. You agree to abide by all copyright notices, information, or restrictions contained in any part of the Star Wars Site. You must not alter, delete, or conceal any copyright, trademark, patent, or other notices contained on the Star Wars Site, including notices on any Lucas Technology you download, transmit, display, print or reproduce from or using the Star Wars Site.
9. Third Party Content and Hyperlinks to Third Party Sites
Content from other Members 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 Star Wars Site. The inclusion of Third Party Content on the Star Wars Site 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, it is the sole responsibility of the person from which such Third Party Content originated, and Lucas has no obligation to monitor such Third Party Content. Notwithstanding the foregoing, Lucas 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 Star Wars Site you may be exposed to Third Party Content that is offensive, indecent or objectionable, and that you use the Star Wars Site at your own risk.
Additionally, Lucas or third parties may provide hyperlinks on the Site, 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 Star Wars Site and the inclusion of any link on the Site does not imply Lucas's affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. Lucas expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through the Star Wars Site. 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.
10. Representations and Warranties
You represent and warrant to Lucas that: (a) you will comply with all applicable local, state, national and international laws (including the CAN-SPAM Act of 2003), rules, and regulations in connection with your use of the Star Wars Site; (b) you have the right to grant to Lucas 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, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots, or other computer programming routines that may potentially damage or interfere with the Star Wars Site, or intercept or expropriate any system data or personal information from the Star Wars Site.
11. Acceptable Use and Conduct
You are solely responsible for your conduct and Your Content on the Star Wars Site. We want to keep the Star Wars Site safe and fun for everyone and the use of the Star Wars Site for unlawful or harmful activities is not allowed. In defining “safe and fun,” 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 Star Wars Site:
- In a manner that infringes, violates or misappropriates Lucas'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 Lucas 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 spamming, chain letters, pyramid schemes, advertisement of illegal or controlled products or services, or other 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 Star Wars Site;
- 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 Lucas or cause Lucas 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 Lucas;
- to impersonate a Lucas employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to the Star Wars Site without authorization;
- to interfere or attempt to interfere with the proper working of the Star Wars Site or prevent others from using the Star Wars Site, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Star Wars Site, or that otherwise negatively affects other persons' ability to use the Star Wars Site;
- to obtain or attempt to obtain any Materials or information through any means not intentionally made available through the Site;
- to use any manual or automated means, including agents, robots, scripts, or spiders, to monitor or copy the Star Wars Site (including the Site Code) 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 Star Wars Site 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.
Additionally, you agree not to:
- “Stalk” or otherwise harass anyone;
- Collect, use or disclose data, including personal information, about other Users without their consent or for unlawful purposes or in violation of applicable law or regulations;
- Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any Member of the Star Wars Site, or to proxy authentication credentials for any Member of the Star Wars Site for the purposes of automating logins to the Star Wars Site;
- Attempt to circumvent User authentication or the security of any User account or use any robot, spider or other automatic device or manual process to monitor or copy the Site's web pages or any of the materials contained in them;
- Utilize framing techniques to enclose any trademark, logo, or other Materials without our express written consent. You agree not to use any meta tags or any other “hidden text” utilizing Lucas's name or trademarks without our express written consent;
- Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Star Wars Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- Post any Content containing child pornography to the Star Wars Site. Lucas absolutely does not tolerate this and will report any suspected instances of child pornography, including reporting any Lucas Member Data, to law enforcement, including the National Center for Missing and Exploited Children;
- Post any Content that Lucas determines depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
- Post any Content that Lucas determines constitutes pornography, contains nudity, or is adult in nature.
- Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Star Wars Site — except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved”
- Post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- Attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Star Wars Site;
- Use the Star Wars Site as a generic file hosting service;
- Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off the Star Wars Site or for using it for purposes unrelated to Lucas); and
- Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Star Wars Site.
You agree not to authorize or encourage any third party to use the Star Wars Site to facilitate any of the foregoing prohibited conduct. You also agree to immediately notify Lucas in the event of an actual or threatened claim that you have violated any of the covenants and agreements contained in this Agreement.
12. Our Relationship with Users
You acknowledge that Lucas may terminate your account and remove your Lucas ID, Lucas Profile, Content and Lucas Member Data, as well as disable your access to the Star Wars Site, in accordance with these Terms and any other reason as Lucas may deem necessary.
13. Copyright Infringement/Digital Millennium Copyright Act Compliance
It 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 Star Wars Site 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 Star Wars Site are covered by a single notification, a representative list of such works at that site.
- 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 Lucas 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 Lucas 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 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 Lucas 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.
Lucas only accepts counter-notices 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.
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.
Lucas may remove any allegedly infringing Content without any liability to you.
Lucas will promptly terminate without notice any User's access to the Star Wars Site in appropriate circumstances where the User is a “repeat infringer” of copyrights. Generally, Lucas 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 Star Wars Site. Lucas, 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.
14. Your Account
You need to register and create a Lucas ID in order to become a Lucas Member on the Star Wars Site. You are responsible for keeping your Lucas ID password secure. You agree to provide Lucas with current, complete and accurate information as prompted by the registration process. You agree to promptly update all information to keep your account on Lucas current, complete and accurate. Lucas IDs are non-transferable. You will be solely responsible and liable for any activity that occurs under your Lucas ID. Lucas reserves the right to log off or deactivate Member accounts for extended inactivity, any violation of these Terms, and for any other reason at any time within the sole discretion of Lucas.
15. Disclaimer of Warranties
YOUR USE OF THE STAR WARS SITE, ANY PRODUCTS OR SERVICES OFFERED THROUGH THE STAR WARS SITE, AND ALL SITE CODE, MATERIALS AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE STAR WARS SITE, ANY PRODUCTS OR SERVICES OFFERED THROUGH THE STAR WARS SITE, AND ALL SITE CODE, MATERIALS AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LUCAS 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. LUCAS AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT THE STAR WARS SITE, ANY PRODUCTS OR SERVICES OFFERED OR SOLD THROUGH THE STAR WARS SITE OR ANY SITE 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 STAR WARS SITE OR THE SERVER THAT MAKES THE STAR WARS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR FREE FROM SECURITY BREACHES.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE STAR WARS SITE 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 LUCAS OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THE STAR WARS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
16. Indemnity
You agree to indemnify, defend, protect, and hold harmless Lucas, 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 Star Wars Site or any services offered by the Star Wars Site;
- Your breach or alleged breach of this Agreement;
- Your violation of any rights (including intellectual property rights) of a third party;
- Your use or misuse of any User data (including Lucas Member Data), including, in violation of the Star Wars Site Privacy Policy and
- Your breach or alleged breach of any agreement or policy between you and other Users.
Lucas 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 Lucas. Lucas will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
17. Your Interactions with Other Users
Your interactions with other Users, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User. As with any web-based interaction, we suggest that you use caution and good judgment. If there is a dispute between you and any third party, Lucas is under no obligation to become involved.
You release Lucas, 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. 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.
18. Limitation of Liability
YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL LUCAS 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 LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF LUCAS 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 SITE CODE, ON THE STAR WARS SITE OR TO ANY OTHER INTERACTIONS WITH LUCAS; OR (B) ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE STAR WARS SITE (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 LUCAS 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 LUCAS AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE STAR WARS SITE 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.
19. Changes to the Star Wars Site
Lucas reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Star Wars Site or any part thereof, including adding new features to any portion of the Star Wars Site, with or without notice. Lucas will not be liable to you or to any third party for any modification, suspension or discontinuance of any portion of the Star Wars Site or the Star Wars Site as a whole.
20. Amendments
We may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time without notice to you by posting a revised version on www.starwars.com or elsewhere on the Star Wars Site. The revised version will be effective at the time we post it. Please check this Agreement and any Guidelines periodically for changes. Your continued use of the Star Wars Site 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 Lucas Member on the earlier of (a) the date you accept it, or (b) thirty (30) days after the material changes are initially posted to www.starwars.com or elsewhere on the Star Wars Site. The revised version will apply to you immediately if you are a User who registers or first uses the Star Wars Site on or after the posting of the revised version.
21. Term and Termination
Term
This Agreement shall remain in full force and effect unless and until your account is terminated as provided herein. You may terminate your Lucas ID account and end your use of the Star Wars Site at any time and for no reason by contacting us at webmaster@starwars.com or at the address set forth below in the “Contacting Us” section.
Termination
Lucas 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 Star Wars Site, and remove and discard all or any part of your account or any Submissions, for any reason whatsoever in Lucas's sole discretion, with or without notice, and with no liability of any kind to you or any third party.
Effects of Terminating
Upon deactivating your account, this Agreement terminates and you will no longer have a right to access your account.
Survival
The following Sections will survive termination of these Terms for any reason: Sections 1, 8, 10, 16, 18, 21, 24.
22. Injunctive Relief; Governing Law; Venue
You acknowledge and agree that a breach or threatened breach of any covenant contained in these Terms of Use would cause irreparable injury, that money damages would be an inadequate remedy and that Lucas 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 Lucas 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 US 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.
23. Relationship of the Parties
The parties are independent contractors with respect to each other. This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture among the parties hereto, or an employee-employer relationship. You agree that Lucas has no special relationship with or fiduciary duty to you. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.
24. United States Export Controls
Unless otherwise specified, the materials in the Site are presented solely for the purpose of promoting programs, films, and other products available in the United States and its territories, possessions, and protectorates. Lucas is controlled and operated from its United States offices in California. We make no representation that materials on the Star Wars Site are appropriate or available for use in any particular location. You agree that if you choose to access the Site, 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 Lucas 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 this site, 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, to the fullest extent permitted by law, Lucas 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.
25. No Third Party Beneficiaries
The parties specifically disavow any desire or intention to create a “third party” beneficiary contract, and specifically declare that no person, except for the parties and their permitted assigns, shall have any rights hereunder nor any right of enforcement hereof.
26. General
The failure of Lucas 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 under this Agreement or assign this Agreement or your Lucas accounts or Lucas IDs, in whole or in part to anyone. Lucas 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 Star Wars Site Privacy Policy and the Guidelines, constitutes the entire agreement between you and Lucas and governs your use of the Star Wars Site, superseding any prior agreements (whether written or oral) between you and Lucas 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.
Lucas may provide you with notices, including those regarding changes to this Agreement or any of Lucas's terms and conditions, by email, regular mail, or postings on the Star Wars Site. Notice will be deemed given twenty-four (24) hours after email is sent. Notices not pertaining to any amendments to this Agreement or any Guidelines (such as notices relating to technical changes to the Star Wars Site) are deemed given two (2) days following the initial posting.
27. Disclosures
The services hereunder are offered by Lucasfilm Ltd, doing business as Lucas Online, located at P.O. Box 29901, San Francisco, CA 94129-0901.
28. Contacting Us
You may contact Lucas in the following ways:
E-Mail:
webmaster@starwars.com
Postal:
Lucasfilm Ltd.
Lucas Online
P.O. Box 29901
San Francisco, CA 94129
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