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Subject: 
------( Terms of use for lugnet.com )------
Newsgroups: 
lugnet.primo
Followup-To: 
lugnet.admin.general
Date: 
Sat, 18 Sep 1999 05:32:49 GMT
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1292 times
  
                     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.  Restrict or inhibit any other user from using the discussion
       groups.

   2.  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.  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.  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.  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.  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.  Post or transmit any information, software or other material
       which contains a virus or other harmful component.

   8.  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.  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. Post or re-post a message excessively, especially unsolicited
       advertisements, even if they are directly or indirectly related
       to LEGO toys.

   11. Post auction announcements, updates, or listings in discussion
       groups which do not explicitly welcome their presence.

   12. 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. 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 ©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.


OTHER

   Any rights not expressly granted herein are reserved.

   Contact terms@lugnet.com with questions or problems, as appropriate.


_________________________
Last Updated: 27 Sep 1998



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