LUCAS MUSEUM OF NARRATIVE ART WEBSITE TERMS AND CONDITIONS OF USE
April 1, 2013
This is a legal agreement between you and Lucas Museum of Narrative Art ("LMNA", "we", "us" or "our") governing the use of the website and services located at www.lucasmuseum.org (the "Lucas Museum of Narrative Art Website").
NOTE TO USERS UNDER 13: Our service is not for persons under the age of 13. If you are under 13 years old, then please do not use the Lucas Museum of Narrative Art Website.
If you are over 13, but under the age of consent where you live, then you must get the consent of your parents prior to using the Lucas Museum of Narrative Art Website and, if you do use the Lucas Museum of Narrative Art Website, you represent to us that you have done so.
Individual Features and Lucas Museum of Narrative Art Website
When using the Lucas Museum of Narrative Art Website, you may be subject to additional posted guidelines or rules applicable to specific services, and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms. To the extent that any terms of these Terms conflict with any Guidelines, these Terms shall control.
Modification of the Terms
Because the Lucas Museum of Narrative Art Website changes from time to time, LMNA reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time without notice. Prior to each visit, please check the Terms to determine the current Terms to which you are bound. Your continued use of the Lucas Museum of Narrative Art Website after the posting of changes will constitute your acceptance of such changes at the time of each use. While non-material changes to these Terms are effective immediately, any material changes to these Terms will automatically be effective thirty (30) days after they are initially posted on the Lucas Museum of Narrative Art Website.
The Lucas Museum of Narrative Art Website is owned and operated by us. The content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, software, services, and all other elements of the Lucas Museum of Narrative Art Website that are provided by us ("LMNA Materials") are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. LMNA Materials do not include any content owned by and submitted by you. Except as expressly authorized by us, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Lucas Museum of Narrative Art Website or LMNA Materials. You shall not acquire any right, title or interest to the Lucas Museum of Narrative Art Website or LMNA Materials, except for the limited rights set forth in these Terms or any express license from us.
Subject to the terms and conditions herein, LMNA grants you permission to use the Lucas Museum of Narrative Art Website as set forth in these Terms, provided that (i) you use the Lucas Museum of Narrative Art Website solely for your personal, private, noncommercial use; (ii) you do not copy, publicly display or distribute any part of the Lucas Museum of Narrative Art Website in any medium without LMNA's prior written consent; (iii) you do not alter or modify any part of the Lucas Museum of Narrative Art Website other than as may be reasonably necessary to use the Lucas Museum of Narrative Art Website for its intended purposes; (iv) you do not engage in any of the prohibited uses described in these Terms; and (v) you will otherwise fully comply with these Terms. The Lucas Museum of Narrative Art Website is controlled and offered by LMNA from its facilities in the United States of America. LMNA makes no representations that the Lucas Museum of Narrative Art Website is appropriate or available for use in other locations. Those who access or use the Lucas Museum of Narrative Art Website from other jurisdictions do so at their own risk and are responsible for compliance with local law.
You understand that, when using the Lucas Museum of Narrative Art Website, you will be exposed to text, images, videos and other content ("Content") from a variety of sources, and that LMNA is not responsible for the accuracy, integrity, quality, legality, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against LMNA with respect thereto. LMNA does not endorse any Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will LMNA be liable in any way for or in connection with any Content, including, but not limited to, for any inaccuracies, errors or omissions in any Content, any intellectual property infringement with regard to any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise displayed or transmitted via the Lucas Museum of Narrative Art Website. Images are not subject to reproduction or for commercial purposes.
Removal of Content
LMNA and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content or LMNA Materials in whole or in part at any time for any reason or no reason, with or without notice and with no liability of any kind.
1. As a condition of your use of the Lucas Museum of Narrative Art Website, you agree to not use the Lucas Museum of Narrative Art Website for any purpose that is unlawful or prohibited by these Terms. Access to the LMNA Materials and the Lucas Museum of Narrative Art Website from territories where their access or use thereof is illegal is strictly prohibited. Lucas Museum of Narrative Art Website users are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the internet, technology, data, email, and privacy.
2. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any portion of the Lucas Museum of Narrative Art Website, use of the Lucas Museum of Narrative Art Website, access to the Lucas Museum of Narrative Art Website, or Content obtained through the Lucas Museum of Narrative Art Website, for any purpose other than as the Lucas Museum of Narrative Art Website is offered by LMNA.
3. You agree not to defame, harass, abuse, threaten, stalk or defraud users of the Lucas Museum of Narrative Art Website, or collect, or attempt to collect, personal information about users or third parties without their consent.
4. You agree not to intentionally interfere with or damage, impair or disable the operation of the Lucas Museum of Narrative Art Website or any user's enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code.
5. You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Lucas Museum of Narrative Art Website, features that prevent or restrict the use or copying of any content accessible through the Lucas Museum of Narrative Art Website, or features that enforce limitations on the use of the Lucas Museum of Narrative Art Website.
6. You agree not to attempt to gain unauthorized access to the Lucas Museum of Narrative Art Website, or any part of it, other accounts, computer systems or networks connected to the Lucas Museum of Narrative Art Website, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Lucas Museum of Narrative Art Website or any activities conducted on the Lucas Museum of Narrative Art Website.
7. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Lucas Museum of Narrative Art Website. You agree neither to modify the Lucas Museum of Narrative Art Website in any manner or form, nor to use modified versions of the Lucas Museum of Narrative Art Website, including (without limitation) for the purpose of obtaining unauthorized access to the Lucas Museum of Narrative Art Website.
8. You agree that you will not use any robot, spider, scraper, or other automated means to access the Lucas Museum of Narrative Art Website for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Lucas Museum of Narrative Art Website. You agree not to deep-link to the Lucas Museum of Narrative Art Website and will promptly remove any links that LMNA finds objectionable in its sole discretion.
9. You agree not to utilize framing techniques to enclose any trademark, logo, or other LMNA Materials without our express written consent. You agree not to use any meta tags or any other "hidden text" utilizing LMNA's name or trademarks without our express written consent.
10. You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Lucas Museum of Narrative Art Website. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, or petitions for signatures.
11. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Lucas Museum of Narrative Art Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
12. You agree not to modify, adapt, translate or create unauthorized derivative works based upon the Lucas Museum of Narrative Art Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Links and Third Party Content
LMNA or third parties may provide links on the Lucas Museum of Narrative Art Website to other sites or content ("Third Party Sites"). LMNA has no control over such Third Party Sites, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by the Lucas Museum of Narrative Art Website. LMNA provides links to you only as a convenience, and the inclusion of any link on the Lucas Museum of Narrative Art Website does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. 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. When you leave the Lucas Museum of Narrative Art Website, our terms and policies no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any Third Party Sites.
Availability of the Lucas Museum of Narrative Art Website
LMNA may make changes to or discontinue any of the media, web communities, or services available within the Lucas Museum of Narrative Art Website at any time, and without notice. The media or services on the Lucas Museum of Narrative Art Website may be out of date, and LMNA makes no commitment to update these materials on the Lucas Museum of Narrative Art Website.
1. LMNA. You agree that LMNA, in its sole discretion and for any or no reason, may terminate any user or account (or any part thereof) you may have at the Lucas Museum of Narrative Art Website or your use of the Lucas Museum of Narrative Art Website, and discard all or any part of your account or any of information you provide to LMNA, at any time, with or without notice, without liability to you. LMNA may also in its sole discretion and at any time discontinue providing access to the Lucas Museum of Narrative Art Website, or any part thereof, with or without notice. You agree that any termination of your access to the Lucas Museum of Narrative Art Website or any account you may have or portion thereof may be effected without prior notice, and you agree that LMNA shall not be liable to you or any third-party for any such termination. LMNA does not permit infringing activities on the Lucas Museum of Narrative Art Website, and reserves the right to terminate access to the Lucas Museum of Narrative Art Website, and remove all content submitted, by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies LMNA may have at law or in equity.
2. USER. If you are dissatisfied with the Lucas Museum of Narrative Art Website, please email us at email@example.com. Your input is valuable to us. Your only other remedy with respect to any dissatisfaction with (i) the Lucas Museum of Narrative Art Website, (ii) any term of these Terms, (iii) any policy or practice of LMNA in operating the Lucas Museum of Narrative Art Website, or (iv) any content or information transmitted through the Lucas Museum of Narrative Art Website, is to terminate these Terms and your account. You may terminate these Terms at any time by closing your account, discontinuing your use of any and all parts of the Lucas Museum of Narrative Art Website, and providing LMNA notice of termination by writing to us at firstname.lastname@example.org or at P.O. Box 29137, San Francisco, California, 94129.
Indemnification; Hold Harmless
You agree to indemnify and hold harmless LMNA, and its parent, subsidiaries, affiliates or any related companies (including those which share substantially common ownership), its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs or debt and expenses (including attorney's fees) arising out of (i) your use or misuse of the Lucas Museum of Narrative Art Website; (ii) your violation of these Terms; (iii) your violation of the rights of any other person or entity; and (iv) your breach or alleged breach of the any representations, warranties, and covenants herein. LMNA 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 LMNA. LMNA will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Disclaimers; No Warranties
1. No warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LMNA, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LMNA OR THROUGH THE LUCAS MUSEUM OF NARRATIVE ART WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THE SECTIONS TITLED "DISCLAIMERS" AND "LIMITATION OF LIABILITY; DAMAGES", THE TERM "LMNA" INCLUDES LMNA'S PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AFFILIATES AND SUBCONTRACTORS.
2. "As is" and "As available" and "With All Faults." YOU EXPRESSLY AGREE THAT THE USE OF THE LUCAS MUSEUM OF NARRATIVE ART WEBSITE IS AT YOUR SOLE RISK. THE LUCAS MUSEUM OF NARRATIVE ART WEBSITE AND ANY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE LUCAS MUSEUM OF NARRATIVE ART WEBSITE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
3. Platform Operation and Content. LMNA, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE LMNA MATERIALS, CONTENT, THE LUCAS MUSEUM OF NARRATIVE ART WEBSITE, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE LUCAS MUSEUM OF NARRATIVE ART WEBSITE OR ANY THIRD PARTY SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
4. Accuracy. LMNA, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE LUCAS MUSEUM OF NARRATIVE ART WEBSITE OR ANY THIRD PARTY SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
5. Harm to Your Computer or Device. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE LUCAS MUSEUM OF NARRATIVE ART WEBSITE (INCLUDING RSS FEEDS) OR ANY THIRD PARTY SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
Limitation of Liability; Damages
1. Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LMNA OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE LMNA MATERIALS AND OTHER CONTENT ON THE LUCAS MUSEUM OF NARRATIVE ART WEBSITE OR ANY THIRD PARTY SITES, THE LUCAS MUSEUM OF NARRATIVE ART WEBSITE ITSELF, OR ANY OTHER INTERACTIONS WITH LMNA, EVEN IF LMNA OR A LMNA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, LMNA'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
2. Limitation of Damages. IN NO EVENT SHALL LMNA OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE LUCAS MUSEUM OF NARRATIVE ART WEBSITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF THE AMOUNT OF (A) ONE HUNDRED DOLLARS OR (B) THE AMOUNT OF FEES YOU HAVE PAID LMNA IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
3. Third Party Sites. 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 BY THIRD PARTIES OTHER THAN LMNA AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE LUCAS MUSEUM OF NARRATIVE ART WEBSITE OR RECEIVED BY YOU THROUGH ANY THIRD PARTY SITES.
Limitations by Applicable Law; Basis of the Bargain
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 THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
United States Export Controls
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 software or technology received from LMNA under this Agreement 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. You agree to indemnify, to the fullest extent permitted by law, LMNA 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.
1. Notice. LMNA may provide you with notices, including those regarding changes to LMNA's terms and conditions, by email, regular mail or postings on the Lucas Museum of Narrative Art Website. Notice will be deemed given twenty-four hours after email is sent, unless LMNA is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Lucas Museum of Narrative Art Website. In such case, notice will be deemed given three days after the date of mailing.
2. Governing Law. You agree that (i) the Lucas Museum of Narrative Art Website and any services provided by the Lucas Museum of Narrative Art Website shall be deemed solely based in California; and (ii) the Lucas Museum of Narrative Art Website shall be deemed a passive website that does not give rise to personal jurisdiction over LMNA, either specific or general, in jurisdictions other than California. These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
3. Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or the Lucas Museum of Narrative Art Website shall be filed only in the state or federal courts in and for San Francisco County, California and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
4. Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of LMNA to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
5. Severability. If any provision of these Terms shall be unlawful, void, 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.
6. Assignment. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by LMNA without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
7. Relationship of Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and LMNA as a result of these Terms or your use of the Lucas Museum of Narrative Art Website. You further acknowledge that by submitting information to LMNA, no confidential, fiduciary, contractually implied or other relationship is created between you and LMNA other than pursuant to these Terms.
8. Survival. The Sections entitled "Ownership", "Disclaimers; No Warranties", "Indemnification; Hold Harmless", "Limitation of Liability and Damages", and "Miscellaneous" will survive any termination of these Terms.
9. Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
10. Entire Agreement. This is the entire agreement between you and LMNA relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. The Agreement shall not be modified except in a writing signed by both parties or by a change to these Terms or Guidelines made by LMNA as set forth in these Terms.
11. Claims. YOU AND LMNA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE LUCAS MUSEUM OF NARRATIVE ART WEBSITE OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
12. Disclosures. The Lucas Museum of Narrative Art Website is offered by Lucas Museum of Narrative Art, located at P.O. Box 29137, San Francisco, California, 94129, email: email@example.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.