Subject:
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Re: ------( Terms of use for lugnet.com )------
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Newsgroups:
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lugnet.admin.terms
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Date:
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Sun, 5 Aug 2001 21:28:18 GMT
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Viewed:
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5474 times
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In lugnet.people.newbie, Todd Lehman writes:
>
>
> TERMS OF USE FOR LUGNET.COM
>
>
> 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:
>
> 1. 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.
>
> 2. 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.
>
> 3. 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.
>
> 4. 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.
>
> 5. 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.
>
> 6. 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.
>
> 7. 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.
>
> 8. 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.
>
> 9. 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:
>
> 1. (do not) Restrict or inhibit any other user from using the
> discussion groups.
>
> 2. (do not) 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.
>
> 3. (do not) 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.)
>
> 4. (do not) 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.
>
> 5. (do not) 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.
>
> 6. (do not) 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.
>
> 7. (do not) Post or transmit any information, software or other material
> which contains a virus or other harmful component.
>
> 8. (do not) 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).
>
> 9. (do not) 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.
>
> 10. (do not) Post or re-post a message excessively, especially unsolicited
> advertisements, even if they are directly or indirectly related
> to LEGO toys.
>
> 11. (do not) Post auction announcements, updates, or listings in
> discussion groups which do not explicitly welcome their presence.
> [If you are unsure whether auction spam is appropriate in a given
> discussion group, check the group's descriptive charter. If the
> discussion group's charter does not explicitly say that auction
> postings are allowed in the group, then such posts are not welcome.
> Currently, the only LUGNET discussion group which allows auction
> spam is lugnet.market.auction, which was established specifically
> for auctions.
>
> 12. (do not) 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.)
>
> 13. (do not) 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:
>
> 14. 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.
>
> 15. 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.
>
> 16. 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 © 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.
>
>
> OTHER
>
> Any rights not expressly granted herein are reserved.
>
> Contact terms@lugnet.com with questions or problems, as appropriate.
>
>
> ________________________
> Last Updated: 7 Mar 2000
I have some problems with the rules (and apprently have possibly violated
some rules without my knowledge). The first problem is, why should we
respect the laws of Massachusetts? Not every person from Lugnet is from
Massachusetts so we should create a more universal law for Lugnet, since we
not only have people from all fifty states but all over North America and
all over the world? Does that make sense to you, Todd and Suzanne?
The second problem (and one I hoped to avoid for the longest and still hope
for to avoid again) is to also bar the use of obscenities from personal
e-mail and other new extensions to e-mail accounts.
People say that I have not contributed anything to Lugnet but I have tried,
certainly I have tried, at least with this letter.
Jesse Long
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Message has 1 Reply:
 | | Re: ------( Terms of use for lugnet.com )------
|
| (...) First of all, since you have posting right here in Lugnet, you already declared that you agreed on this TOS before, and of course you supposed to read it before accepting. If this is not the case, its certainly your own problem. (...) I (...) (23 years ago, 6-Aug-01, to lugnet.admin.terms)
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