TERMS OF USE FOR LUGNET.COM
(Version 1.0, 27 Sep 1998)
Overview and Definitions
lugnet.com (“LUGNET”) is a privately owned Internet site designed
and run primarily for the benefit of those who enjoy building with,
discussing, collecting, buying & selling, trading, and exchanging
information about LEGO® brand toys.
As a user of this site, you are expected to read, understand, and
abide by the Terms of Use as set forth herein. If a portion is
unclear to you, you should ask a parent or guardian to explain, or
write to terms@lugnet.com for clarification.
Acknowledgment and Acceptance of Terms of Use
By using LUGNET, you agree to the following:
- You understand that LUGNET is an unofficial fan-created Internet site which is not prepared, sponsored, authorized, or endorsed by the LEGO Group of companies and that the Official LEGO World Wide Web Site is located at www.lego.com.
- Although this site normally operates 24 hours per day, 7 days per week, you understand that this site may experience failures or other service outages without notice.
- Although best efforts are made to ensure that information found at this site is up-to-date and accurate, you understand that inaccuracies or omissions are possible and that this site is not necessarily suitable to every purpose.
- LUGNET and its owners and/or operators do not control or censor content in discussion groups. The LUGNET discussion group server is provided as a “store and forward” mechanism “as is” without filters, which means that you may encounter material which you find offensive. IT IS YOUR SOLE AND INDIVIDUAL RESPONSIBILITY TO MONITOR OR FILTER CONTENT TO A LEVEL APPROPRIATE TO YOURSELF AND/OR YOUR FAMILY. If you are under 18 years of age, ask your parent(s) or guardian(s) for permission and/or supervision before using this service and make sure they have read and understood this Terms of Use document.
- You will not hold LUGNET or its creators, owners, operators, or related entities responsible or liable (“indemnify and hold harmless”) for the inability to connect to or use this site, or for any lost or corrupted data, or for any defamatory or offensive material(s) which you may encounter on or originating from this site, or for the conduct, opinions, or publications of any user, or for any other problem whatsoever relating to the use or existence of this site.
- You will not use this site for any illegal activities and you will not attempt to gain unauthorized access to this site or to other sites or systems through this site.
- By posting messages, uploading files, inputting data, or engaging in any other form of communication through this service, you are granting LUGNET and its owners a perpetual, irrevocable, royalty- free, unrestricted, non-exclusive, worldwide license to:
(i) Use, copy, publish, sublicense, adapt, transmit, archive, restore, publicly perform, or display any such communication in any medium, and to
(ii) Sublicense to third parties the unrestricted right to exercise any or all of the foregoing rights granted with respect to the communication.
- You understand that LUGNET owners or operators are regular LEGO fans just like you, and that when they post to discussion groups, their opinions and comments are their own and do not necessarily reflect the opinions or policies of LUGNET.
- You understand that LUGNET and its owners and/or operators have no obligation to acknowledge, mediate, or otherwise settle any disputes or differences of opinion which may arise between users.
Although we hope that everyone can play well together, we must
reserve the right to allow or to refuse access to this site to
anyone, for any reason, with or without prior warning or explanation.
Additional terms and conditions appear below.
Discussion Group Terms and Conditions
LUGNET includes discussion groups which allow feedback and
interaction between users. LUGNET and its owners and/or operators
do not control or censor messages, information, or files delivered
to discussion groups. It is a condition of your use of the
discussion groups that you do not:
- Restrict or inhibit any other user from using the discussion groups.
- Falsely present yourself as a representative, employee, or official of a LEGO company or of LUGNET through the accidental or deliberate use of trademarks or servicemarks in your identity or through misleading or confusing statements in your postings.
- Post anonymously or post any message in which the ‘From:’ header is not an e-mail address under your control. (Spamblocks are OK, however, so long as it is possible for a reasonably intelligent human to reconstruct your e-mail address using clearly documented instructions, which you must include in each such message.)
- Post using a pseudonym, alias, screen-name, handle, alter-ego, meno, or any other type of name which is not your own or which hides your true identity, unless your real name and identity is clearly understood, accepted, and documented by the community as the true identity behind such messages.
- Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law.
- Post or transmit any information, software, or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark, or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
- Post or transmit any information, software or other material which contains a virus or other harmful component.
- Post non-plain-text content such as HTML, multi-part MIME messages, or so-called “binaries” including but not limited to: images, sounds, multimedia files, computer programs, and blocks of text created using binary-to-text conversion utilities such as BinHex, uuencode, btoa, and PGP message encryptions (short PGP signatures, however, are permitted by the server).
- Post information or material for commercial purposes which is not reasonably related to LEGO toys or which contains advertising which is not reasonably related to LEGO toys.
- Post or re-post a message excessively, especially unsolicited advertisements, even if they are directly or indirectly related to LEGO toys.
- Post auction announcements, updates, or listings in discussion groups which do not explicitly welcome their presence.
- Stray hopelessly off-topic without moving the discussion to a more appropriate location. (There is a fair amount of leeway here, since it is natural for discussions to drift, and moving a discussion can sometimes be inconvenient or difficult. If in doubt, appeal to common sense.)
- Cross-post excessively, since many newsreader software programs do not handle cross-posted articles elegantly or transparently.
LUGNET, its owners, and its operators have no obligation to monitor
the discussion groups. However, LUGNET and its owners and/or
operators reserve the right at all times to disclose any information
as necessary to satisfy any law, regulation, or governmental request,
or to edit, refuse to post, or to remove any information or
materials, in whole or in part, that in the sole discretion of LUGNET
and its owners and/or operators are in violation of these terms and
conditions or of applicable law.
If you choose to use any mark owned by the LEGO Group as part of your
identity, you do so at your own risk. LUGNET can neither advise you
nor protect you if you infringe on the rights of the LEGO Group.
However, there are some common-sense guidelines which you must follow
as additional conditions of your use of the LUGNET discussion groups:
- If you use a LEGO mark as part of your identity, and you are not an employee or representative of the LEGO Group, you must include an appropriate disclaimer in each post you make, noting (a) that you are not associated in any way with the LEGO Group and that your posts are unofficial and do not represent the views, opinions, or policies of the LEGO Group, and (b) that the mark or marks you are using are owned by the LEGO Group.
- If you are an employee or representative of the LEGO Group, and you wish to post as such, you must clearly indicate your title, position, or relationship with or within the LEGO Group. Your employer may also require you to include a disclaimer protecting them from your personal opinions.
- If you are an employee or representative of the LEGO Group, but you wish to post on your own behalf as an independent LEGO enthusiast and not as an employee or representative, you are not required by LUGNET to disclose your affiliation. However, your employer may have its own ideas about your participation; if in doubt, consult your employer for appropriate posting guidelines.
The foregoing is not legal advice, and LUGNET and its owners cannot
guarantee that it is a bullet-proof formula for avoiding the dilution
or infringement of marks owned by the LEGO Group or for circumventing
rules which your employer may impose upon you. Questions on the
nature of trademarks or servicemarks should be directed to a
qualified legal professional. If in doubt, it is probably wisest
simply to avoid the use of LEGO trademarks as part of your personal
identity.
Disclaimers of Warranties
LUGNET and/or its owners, creators, operators, and/or related
entities make no representations about the suitability of the
information contained in the documents and related graphics
published at this site for any purpose. All such documents and
related graphics are provided “as is” without warranty of any kind.
LUGNET and its owners and/or operators hereby disclaim all
warranties and conditions with regard to this information, including
all implied warranties and conditions of merchantability, fitness
for a particular purpose, title, and non-infringement.
The documents and related graphics published on this site may
include technical inaccuracies, typographical errors, or omissions.
LUGNET and its owners and/or operators may make improvements,
changes, and/or additions to the information and/or services
described herein at any time without notice or explanation.
Links to third-party Internet sites will let you leave this Internet
site. The linked sites are not under the control of LUGNET and
LUGNET and its owners and/or operators are not responsible for the
contents of any linked site or any link contained in a linked site,
or any changes or updates to such sites. LUGNET is providing these
links to you only as a conveninece, and the inclusion of any link
does not imply endorsement by LUGNET or its owners of the site.
LUGNET and its owners and/or operators do not warrant or make any
representations regarding the use or results of use of the materials
in third-party sites in terms of their correctness, accuracy,
existence, timeliness, reliability, or otherwise.
Limitation of Liability
In no event shall LUGNET or its owners, operators, and/or related
entities be liable for any special, direct, indirect, consequential,
or punitive damages, or any damages whatsoever resulting from loss of
use, data, or profits, whether in an action of contract, negligence,
or other tortious action, arising out of or in connection with (a)
the use or performance of LUGNET, (b) the software, documents,
information, or services obtained through or from LUGNET, (c) the
failure to provide or delay in providing any software, document,
information, or service, or (d) the links to and/or contents of
third-party Internet sites.
Additionally, you specifically acknowledge and agree that LUGNET and
its owners, operators and/or related entities are not liable for any
defamatory, offensive, or illegal conduct of any user. If you are
dissatisfied with any LUGNET material, or with any of the terms and
conditions herein, your sole and exclusive remedy is to discontinue
using LUGNET.
Termination
This agreement is effective until terminated by LUGNET or its owners
and/or operators, at any time without notice. In the event of
termination, you are no longer authorized to access the discussion
groups and the restrictions imposed upon you with respect to material
downloaded from the discussion groups, the disclaimers, and
limitations of liabilities set forth in this agreement, shall
survive.
Severability
This agreement shall be governed by and construed in accordance with
the laws of the State of Massachusetts (U.S.A.) without giving effect
to any principles or conflicts of law. If any provision of this
agreement shall be unlawful, void or for any reason unenforceable,
then that provision shall be deemed severable from this agreement
and shall not affect the validity and enforceability of any remaining
provisions.
Copyright Notice
Except where otherwise noted or where implicitly understood (such
as discussion group content created by users or images owned by the
LEGO Group), all material on this site site is Copyright ©1998 by
Todd S. Lehman and Suzanne D. Rich, 243 White St., Belmont, MA 02478,
U.S.A. All rights reserved.
Trademark Notices
- LEGO® is a registered trademark of the LEGO Group of companies.
- LUGNET, the LUGNET logo, Fibblesnork, and AucZILLA are trademarks of Todd S. Lehman and Suzanne D. Rich.
- Other product and company names mentioned on this site are trademarks of their respective owners.
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