Download Agreement

TERMS OF USE Thank you for visiting the LF Network Fan Games World Wide Web site (the “Site”). Access to the Site, the home page of which is located at http://www.lucasfiles.com, is offered to you, the individual user, by LF Network, LLC ("LF Network"). These Terms of Use and Lucas Submission Policies (collectively, the "Terms of Use") govern your use of the Site and your submission of Fan Games (as defined in Section 2.6 below) for possible display on the Site. Limited use of the Site is offered to you by LF Network strictly subject to, and conditioned upon your acknowledgement and acceptance of these Terms of Use. Your use of the Site constitutes your legally binding acceptance of and agreement to these Terms of Use, which supplement and apply in addition to the Terms of Use applicable to the LF Network Games World Wide Web site, the home page of which is located at http://www.lfnetwork.com; provided, that in the event of a conflict, the Terms of Use of the Site (i.e., the LF Network Fan Games World Wide Web site) take priority over the terms of use applicable to the LF Network Games World Wide Web site. Under these Terms of Use, LF Network grants you a limited, non-exclusive license (pursuant to Section 2.1 below) to view and use the interactive features of the Site. If you do not agree to these Terms of Use, you are not an authorized user and must discontinue any use of the Site. LF Network reserves the right to change or modify these Terms of Use at any time without notice to you. Please read these Terms of Use carefully and frequently, as you are bound to comply with the provisions herein. 1. OWNERSHIP AND INTELLECTUAL PROPERTY 1.1. LF Network as Proprietor. LF Network is the exclusive owner and proprietor of the Site. The Site Content (as defined below) and Site Code (as defined below) as they may exist on the Site from time to time are offered to you by LF Network for limited use solely pursuant to these Terms of Use. As used herein, the term "Site Content" means any and all human readable audio and/or visual elements of the Site, including without limitation, any text, graphics, images, illustrations, photographs, animation, video/audio or audiovisual works, designs or logos, information, and other content made available through the Site. As used herein, the term "Site Code" means any and all underlying elements of the 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. 1.2. Copyright. The Site Content and Site Code are owned by LF Network and/or its licensors and content providers and are protected by applicable domestic and international copyright laws. Copyright © 1999-2002 LF Network Corporation. All rights reserved. All interactive entertainment works developed and/or published by LucasArts, including, without limitation, the works set forth in Attachment A to these Terms of Use and incorporated herein by this reference (collectively, the “Games”), 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: Episode I—The Phantom Menace, Star Wars: Episode II—Attack of the Clones, Raiders of the Lost Ark, Indiana Jones and the Temple of Doom, and Indiana Jones and the Last Crusade (collectively, the “Pictures”) and all logos, characters, marks, artwork, stories, music, information, names, and other elements associated with any of the aforementioned, are the sole and exclusive property of LucasArts Entertainment Company LLC and/or Lucasfilm Ltd. or its affiliated entities (collectively, "LucasArts"). All rights reserved. Used under authorization. Unless expressly permitted by LF Network and LucasArts, you shall not copy, distribute, publish, perform, modify, download, transmit, transfer, sell, or license, reproduce, create derivative works from or based on, distribute, post, publicly display, frame, link, or in any other way exploit any of the Site Content or Site Code, in whole or in part. Links to the Site are permitted only upon express permission from and arrangement with LF Network. 2. USE OF THE SITE 2.1. License. LF Network grants you a non-exclusive, non-transferable, limited right and license to access and use the Site (as defined above in these Terms of Use) and the Source Material (as defined in Paragraph 3(c) of Attachment B to the Terms of Use), and view and privately display the Site Content by way of one (1) computer connected to the Site over the Internet only, and only in strict conformity with these Terms of Use. You may create a Fan Game (as defined in Section 2.6(a) of these Terms of Use below) solely for purposes of submission to LF Network for review and possible selection to be posted on the Submission Site, but for no other distribution or exploitation whatsoever. You may "cache" pages of the Site for the sole purpose of increasing the speed and efficiency at which you access the Site in the future. However, no other copying or use of any portion of the Site is permissible, and such copying or use would constitute an act of copyright infringement. By way of example, and not limitation, you may not sublicense, alter, adapt, transmit, publicly perform or display, distribute, customize, modify, add to, delete from, create derivative works based upon any portion of the Site Content, link or forward any web address to the Site, copy, counterfeit or paste the Site Content to any other website or web page. You may not publicly display any portion of the Site, or any films or other audiovisual or digital works available at the Site, without a written license signed by a party actually authorized to legally bind LF Network to such a contractual arrangement. Any other use or exploitation of the Site, including without limitation the Site Content, Source Material and/or Site Code, is strictly prohibited. 2.2. Non-Commercial/Personal Use Limitation. LF Network grants you the foregoing license solely for the limited purpose of personal use and not for any commercial purpose. No business entity (e.g., corporation, partnership, sole proprietorship) is licensed to use the Site. The Site is licensed for use only by natural human individuals in their personal capacity. 2.3. Nature of Use. LF Network makes the Site available for use for entertainment purposes only. LF Network does not warrant the truth or validity of the information contained on its site. You acknowledge and understand that, because of the possibility of human and/or mechanical error, mistakes or omissions in the data or information provided, delays or interruptions of the data or information stream from whatever cause, as well as other factors, LF Network is not responsible for errors in or omissions from the information contained or accessed through the Site. 2.4. Communications/ Messages from Users. As used in these Terms of Use, the term "Your Posted Material" means, collectively, any and all information, messages, e-mails, postings, on-line discussions, literary works, drawings, illustrations or images, films, games or digital content, and any other copyrightable work or non-copyrightable idea, expression, or communication, regardless of whether you authored or created such work or communication, which you post or cause to be posted to, submitted to, or in any way transmitted via, the Site. You represent and warrant that none of Your Posted Material will contain information or content that (a) infringes on the copyright or any other rights of any person; (b) reveals trade secrets or any information which you have agreed, expressly or by implication, to keep confidential; (c) includes sexually explicit images, depictions, or content; (d) is obscene, indecent, defamatory, abusive, or otherwise unlawful; (v) contains a virus or any other potentially damaging content; (e) constitutes harassment or stalking; or (f) constitutes invasion of privacy, or misappropriation of statutory or common law rights to publicity or personality. Additionally, even if such content is legal, you agree that none of Your Posted Material will contain information or content that: (i) contains or constitutes commercial advertising, solicitation, informational announcements, or political tracts; (ii) constitutes, contains, or encourages "make-money fast" type messages, "chain letters" or "pyramid schemes" of any type; (iii) contains false or misleading information; (iv) is purportedly sent from a person other than yourself (e.g., impersonation of another person or user); or (v) with respect to "chat rooms" or other mechanism for real time dialogue between users, disrupts the normal flow of dialogue, or posts comments that are not related to the topic being discussed (unless it is clear that the discussion is free-form). You understand that LF Network takes violations of its customers' rights and its own rights seriously, and makes efforts to report any potential criminal violations to appropriate authorities. 2.5. License to Your Postings to the Site; Indemnity. You hereby grant to LF Network the royalty-free, non-exclusive, transferable right and license to use and exploit all rights in copyright in and to Your Posted Material throughout the universe in all forms of media, whether now known or later developed or created. Accordingly, among other rights, LF Network may reproduce, modify, publish, translate, distribute, sell, perform, and display Your Posted Material alone or as part of other works in any form, media or technology. You represent, warrant, and guarantee that (a) you have the full and unrestricted right to grant such rights to Your Posted Material, and that there are no other agreements with any third party in conflict herewith; and (b) LF Network's exercise of its rights granted by you hereunder shall not infringe upon any copyright or any other subsisting right of any third party. Moreover, you agree to indemnify and hold LF Network and its affiliated and related entities, licensees, assigns, promotional partners, successors, and each of their respective directors, officers, shareholders, employees, and agents harmless from and against any and all claims, demands, and liabilities, of any kind or character, made by you or any third party arising out of or relating to LF Network's exercise of such rights to Your Posted Material. 2.6. Submission and Licensing of Game Mods. (a) Submissions. As used herein, the term "Fan Games" means modifications made to one or more of the Games and/or the Pictures by a private individual solely for such individual's personal entertainment and not for any commercial purpose (i.e. "Game Mods"). All Fan Games to be submitted hereunder for consideration must be submitted electronically to LF Network at the following address on the World Wide Web: http://www.lucasfiles.com/submission. No other submissions will be considered, and you agree that under no circumstances shall you submit any Fan Games to LucasArts, Lucasfilm or any of their respective affiliated entities. All Fan Games are subject to the Lucas Submission Policies, which policies may be modified from time to time in LucasArts’ sole discretion. A copy of the Lucas Submission Policies as of the Effective Date is attached as Attachment A to these Terms of Use and incorporated herein by this reference. Please note that LucasArts’ 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 the 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 to LucasArts directly. Any Fan Games submissions not made through the official Fan Games submission web page on the LF Network site will be treated as "Submissions" pursuant to the Lucas Submission Policies. (b) Assignment. To the extent the Fan Games contain material that consists of or is derived from Source Material (as defined in Attachment B to these Terms of Use which is incorporated herein by this reference) and to the extent LF Networks agrees, in its sole discretion, to allow such use, you acknowledge that the Fan Games are in whole or in part derivative from the Source Material, that you have no right, title or interest in and to anything contained in or derived from the Source Material, and that you irrevocably assign to LF Networks any and all right, title and interest you may be deemed to have in any materials contained in or derived from the Source Materials. (c) License. By submitting any Fan Games hereunder, you agree that: you are granting LF Network a license to such Fan Games in accordance with the license terms set forth in these Terms of Use, including, without limitation, Attachment B hereto. 2.7. Reservation of Rights. Any rights not expressly granted by LF Network herein are reserved. You may not download, modify, publish, transmit, transfer or sell, reproduce, create derivative works from or based on, distribute, perform, publicly display, or in any way exploit any of the Site Content, in whole or in part, without the prior written consent of a party authorized to bind LF Network, except as expressly permitted in these Terms of Use. 3. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY. 3.1. NEITHER LF NETWORK NOR ANY PROVIDER OF CONTENT FOR THE SITE (OTHER THAN USERS OF THE SITE) OR THEIR RESPECTIVE AGENTS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, FREE FROM VIRUSES OR SECURITY BREACHES; NOR DOES LF NETWORK, ANY PROVIDER OF CONTENT TO THE SITE (OTHER THAN USERS OF THE SITE), OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE. THE SITE CONTENT IS NOT GUARANTEED TO BE ACCURATE, TIMELY OR VERIFIED. THE SITE AND THE SITE CONTENT ARE DISTRIBUTED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS. LF NETWORK AND ITS AGENTS DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT, OR ANY GOODS OR SERVICES SOLD THROUGH THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT OR DATA MADE AVAILABLE VIA THE SITE IS ASSUMED SOLELY BY YOU. 3.2. NEITHER LF NETWORK, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 3.3. WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW CLAUSE BELOW, SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF LF NETWORK, THIRD PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. INJUNCTIVE RELIEF. You acknowledge and agree that a breach or threatened breach of any covenant contained in this Agreement would cause irreparable injury, that money damages would be an inadequate remedy and that LF Network and/or LucasArts 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 4 shall be construed as preventing LF Networks and/or LucasArts from pursuing any and all remedies available to it, including the recovery of money damages from you. Accordingly, LucasArts is an intended third party beneficiary of this Agreement. GENERAL TERMS. 5.1. Arbitration. You agree that any claim or controversy arising out of or related to these Terms of Use or the Site will be settled by binding arbitration in accordance with the rules of the American Arbitration Association. Such arbitration will take place in Marin County, California and you hereby consent to such venue. Any such claim or controversy will be arbitrated solely on an individual basis and will not be consolidated with a claim of any other party. The Arbitrator may not change the terms of these Terms of Use or the manner by which the Site is operated and may not award any injunctive or other equitable relief. Notwithstanding the aforementioned, nothing set forth in these Terms of Use, including, without limitation, this Section 5.1, will preclude LF Networks or LucasArts from seeking any injunctive relief for protection of any aspect of the Site, including without limitation the Site Content, Source Material and/or Site Code. 5.2. Relationship Between the Parties. Nothing contained in these Terms of Use shall be construed to constitute you and LF Network as partners or joint venturers or to constitute employment or any type of agency. 5.3. Severability. If any provision of these Terms of Use is held invalid, unenforceable or void, the remainder of the Terms of Use shall not be affected thereby and shall continue in full force and effect. 5.4. Full Integration. These Terms of Use (including the attachments hereto) constitute the entire agreement between you and LF Network related to the Site. No prior or contemporaneous written, oral, and electronic representation, negotiation, or agreement form a part of this agreement, and these Terms of Use supersede all prior written, oral, or electronic agreements between you and LF Network relating to the Site. 5.5. Written Agreement. These Terms of Use constitute a written agreement between you and LF Network. A printed version of these Terms of Use, and of any notice given in electronic form related to this agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form.

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