THE FOLLOWING DESCRIBES THE TERMS OF SERVICE PURSUANT TO WHICH WE OFFER YOU THE
STAR WARS MASHUP SERVICE (the "
Star Wars Mashup Service TOS"). PLEASE READ THESE
STAR WARS MASHUP SERVICE TOS CAREFULLY. BY CHECKING THE "I AGREE" BOX BELOW, AND PRESSING THE "SUBMIT" BUTTON, YOU ACCEPT THE
STAR WARS MASHUP TOS.
1. Agreement to Star Wars Mashup Service Terms of Service
The general terms of use (the "Terms of Use") applicable to the starwars.com Site (the "Site") also apply to these Star Wars Mashup TOS and by agreeing to these Star Wars Mashup TOS, you acknowledge having read and agree to the Terms of Use. You can read the Terms of Use here. In addition, by agreeing to these Star Wars Mashup Service TOS you agree that you have read and agree with any posted Guidelines applicable to the Star Wars Mashup Service (the "Mashup Guidelines"). All such Guidelines are hereby incorporated by reference into the Terms of Use. We reserve the right, at our discretion, to change, modify, add, or remove portions of the Star Wars Mashup TOS or the Mashup Guidelines at any time. Please check these Star Wars Mashup Service TOS and the Mashup Guidelines periodically for changes. Your continued use of the Star Wars Mashup Service after the posting of changes will mean you agree to abide by those changes. If we make any material changes to the License grants set forth in section 2(e) below we will attempt to notify you by email.
2. STAR WARS MASHUP SERVICE
a. You represent and warrant that you are over the age of 18, and have reached the age of majority in your state of residence.
b. Lucas may make available to you certain content through the Star Wars Mashup Service, which may include film clips, still images, graphics, sound and music recordings, and other content from or based on the Star Wars Pictures (the "Star Wars Supplied Materials") for use by you solely for the purpose of creating Star Wars Mashup Films and posting them on this Site only in accordance with Star Wars Mashup Service TOS and the posted Guidelines applicable to the Star Wars Mashup Service. You may not use the Star Wars Supplied Materials, in any other manner or for any other purpose. You may not include any other Lucasfilm Ltd. intellectual property in your submitted Star Wars Mashup Film. Without in any way limiting the foregoing, you acknowledge and agree the Star Wars Supplied Materials are owned exclusively by Lucasfilm Ltd. and are provided to you solely for the purpose of inclusion in your submitted Star Wars Mashup Film. You shall acquire no copyright or other ownership of these materials as the result of the incorporation of these materials into the Star Wars Mashup Film. You are not granted any rights in any of the Star Wars Supplied Materials or any of the Star Wars Pictures or any other Lucas intellectual property. Your violation of any of these provisions or your unauthorized or improper use of any of the Star Wars Supplied Materials shall entitle Lucas to pursue all legal and equitable rights and remedies, including, without limitation, its right to injunctive relief provided for in Section 11 of the Terms of Use.
c. In connection with the Star Wars Mashup Service Lucas grants you a non-exclusive, non-transferable, revocable, limited right and license to access and use the Star Wars Supplied Materials solely for the purpose of mixing the Star Wars Supplied Materials with Your Posted Material (as such term is defined below) in order to create a Star Wars Mashup Film solely for the purpose of posting your submitted Star Wars Mashup Film on the Site.
"Your Posted Material" means, collectively, any and all material which you post or cause to be posted to, submitted to, or in any way transmitted via, the Site, including without limitation video, audio, music, audiovisual, music, text and drawings.
d. Any materials provided on the Site in connection with the Star Wars Mashup Service, including without limitation, the Star Wars Supplied Materials, will be provided in streaming format only. In addition, all Star Wars Mashup Films will only be displayed in a streaming format. You may not download any of the materials provided in connection with the Star Wars Mashup Service, including without limitation the Star Wars Supplied Materials or any of the Star Wars Mashup Films, including your submitted Star Wars Mashup Film. You agree that you will not circumvent or attempt to circumvent the restrictions which are in place with respect to the materials, including without limitation the Star Wars Supplied Materials or any of the Star Wars Mashup Films.
e. Star Wars Mashup Films
i. You hereby grant Lucas, its licensees, successors and affiliates a perpetual and irrevocable, exclusive, royalty free, worldwide license in all rights, titles and interests of every kind and nature now or hereafter known in the Star Wars Mashup Film (with the exception of any of Your Posted Materials mixed in or incorporated with your submitted Star Wars Mashup Film, the license of which is specified in paragraph (ii) below), including but not limited to a) all copyrights therein, b) the right of reproduction of the Star Wars Mashup Film in any and all media whether now known and/or hereafter devised, in whole or in part, c) the moral rights of authors or artists in the Star Wars Mashup Film in whole or in part and d) all rights of manufacture, merchandising, recordation, reproduction, translation, adaptation, display and exhibition of the Star Wars Mashup Film in whole or in part and the right to make modifications thereto and derivatives thereof, in any and all media whether now known and/or hereafter devised and by any and all means or methods. The License granted herein includes the rights to all music, literary elements, names and likenesses, photographs, performances, graphics and other content in or used as part of the Star Wars Mashup Film. Pursuant to this License, Lucas, its licensees, successors and assigns shall be entitled to and shall solely and exclusively have the right to exploit throughout the world, all rights in the materials prepared by you with respect to the Star Wars Mashup Film (including but not limited to all rights, throughout the world, of copyright, trademark, patent, recordation, reproduction) together with the rights generally known as the "moral rights of authors" in and/or to any proceeds of your services with respect to the Star Wars Mashup Film, including but not limited to the right to add to, subtract from, arrange, revise, adapt, rearrange, make variations of the Star Wars Mashup Film, and to translate the same into any and all languages, change the sequence, change the characters and the descriptions thereof contained in the Star Wars Mashup Film, change the title of the same, use said title or any of its components in connection with other material wholly or partially independent of the Star Wars Mashup Film, and to use all or any part of the Star Wars Mashup Film in new versions, adaptations, derivative works, prequels and sequels in any and all languages, and to obtain copyright therein in the name of Lucas. Without in any way limiting the foregoing, you acknowledge and agree that Lucas, its licensees, successors and assigns, shall have the right to freely sell, license, assign and otherwise transfer any and all of the rights granted by you to Lucas under these Star Wars Mashup Service TOS, and to display any advertising, publicity, promotional materials and distribution rights in connection with your submitted Star Wars Mashup Film.
ii. In addition to the License granted in paragraph (i) above, you hereby grant Lucas, its licensees, successors and affiliates a perpetual and irrevocable, non-exclusive, royalty free, worldwide license in all rights, titles and interests of every kind and nature now or hereafter known in any of your Posted Content which is mixed in or incorporated with the Star Wars Mashup Film on the same terms and conditions set forth in the License grant contained in paragraph (i) above (except with respect to exclusivity).
iii. This Licenses granted above by you are made in consideration of Lucas allowing you to post your submitted Star Wars Mashup Film to the Site, and other good and valuable consideration, receipt of which is hereby acknowledged. You acknowledge and agree that Lucas, its licensees, successors and assigns, shall have the sole and exclusive right to retain any and all revenue generated from any sales, licenses, assignments and other transfers of the rights granted by you to Lucas hereunder, as well as any and all revenue generated by the display of any advertising, publicity, promotional materials or distribution rights in connection with your submitted Star Wars Mashup Film. You understand that you will not be paid any money for submitting your Star Wars Mashup Film or for posting any of Your Posted Material on the Site, for granting the rights for your submitted Star Wars Mashup Film or any of Your Posted Material as set forth in these Star Wars Mashup Service TOS. You will not receive any compensation of any kind for your submitted Star Wars Mashup Film and you will not receive credit for your submitted Star Wars Mashup Film.
iv. Nothing in these Star Wars Mashup Service TOS obligates or may be deemed to obligate Lucas to exercise any of the rights granted by you to Lucas under these Star Wars Mashup Service TOS. You grant the rights hereunder whether or not your submitted Star Wars Mashup Film or any part thereof is actually used by Lucas.
v. You acknowledge and agree that your submitted Star Wars Mashup Film is being sent voluntarily, and not in confidence, and that no confidential relationship is intended or created between Lucas and you by your submission of the Star Wars Mashup Film.
vi. In addition to all of the legal and equitable rights and remedies available to Lucas in connection with these Star Wars Mashup Service TOS or your submitted Star Wars Mashup Film, you acknowledge and agree that Lucas shall have the right, in its sole discretion, not to post the Star Wars Mashup Film on any website, to remove the Star Wars Mashup Film from any website on which it has been posted, and not to use, exhibit or otherwise exploit your submitted Star Wars Mashup Film in any manner whatsoever. Furthermore, Lucas shall have the right to suspend or terminate your access to the Star Wars Mashup Service and/or any Lucas or related website and refuse to grant you access to use any Lucas or related website in the future with or without warning if Lucas, in its sole discretion, believes you have: (a) violated or tried to violate the rights of Lucas; or (b) violated or tried to violate any of the representations, warranties or other terms or conditions of these Star Wars Mashup Service TOS; or (c) acted inconsistently with any of the terms or conditions herein or the Terms of Use. Lucas has no obligation to inform you of any decision not to post, to remove, or not to use, exhibit or otherwise exploit your submitted Star Wars Mashup Film.
f. USE OF NAME AND LIKENESS: By submitting your submitted Star Wars Mashup Film, you also consent to the recording, use and reuse by Lucas, its licensees, successors and assigns, of your voice, actions, likeness, name, appearance, performance, biographical material, and any other identifying information, including, without limitation, any information contained in your submitted Star Wars Mashup Film (collectively, "Personal Elements") and also of the Personal Elements of any other person appearing in your submitted Star Wars Mashup Film, as edited, altered, fictionalized or modified by Lucas, in its sole discretion, in any and all media now known or hereafter devised, throughout the world, in perpetuity, including, without limitation, in and in connection with this Site and any related websites, in and in connection with any television programs and other productions, and in and in connection with advertising, promotion and publicity. You acknowledge and agree that Lucas, its licensees, successors and assigns, may use all or any part of such Personal Elements, and may make any changes that any of them may deem necessary, in their sole discretion, including altering, fictionalizing or modifying them regardless of whether or not you or the persons appearing in your submitted Star Wars Mashup Film are recognizable.
g. Representations. You represent, warrant, covenant and agree that: (i) you have full right and authority to enter into these Star Wars Mashup Service TOS; (ii) no rights are being retained or reserved by you or any third party; (iii) your submitted Star Wars Mashup Film (with the exception of the Star Wars Supplied Materials mixed into the Star Wars Mashup Film in accordance with these Star Wars Mashup Service TOS) shall not interfere with or infringe under common or statutory law the rights of any third party, including, without limitation contract rights, copyrights, trademarks, service marks, trade names, logos, rights of publicity and privacy, or otherwise violate the rights of any third party; (iv) the use of your submitted Star Wars Mashup Film by Lucas or the exercise by Lucas of any of the rights granted by you under these Star Wars Mashup Service TOS, in whole or in part, including without limitation its contents and all audio, visual and musical elements and all names, likenesses, biographies, trademarks, trade names, or logos used in or as part of the Star Wars Mashup Film, shall not interfere with or infringe under common or statutory law the rights of any third party, including, without limitation contract rights, copyrights, trademarks, service marks, trade names, logos, rights of publicity and privacy, or otherwise violate the rights of any third party; (v) the Star Wars Mashup Film shall be free of all liens, encumbrances and the claims of third parties; (vi) you have obtained in writing any an all authorizations necessary from all persons involved in the creation and production of the Star Wars Mashup Film to enable and ensure Lucas's full exercise and enjoyment of the rights granted hereunder; (vii) that proper, written permissions and releases have been obtained from all persons appearing in the Star Wars Mashup Film or whose names or likenesses may be incorporated or used in the Star Wars Mashup Film to enable and ensure Lucas's full exercise and enjoyment of the rights granted hereunder; (viii) no person who was engaged to work on the Star Wars Mashup Film or who appear in the Star Wars Mashup Film in any way has any approval or consultation rights or any rights of participation with respect to any use, exhibition or other exploitation of the Star Wars Mashup Film or has any rights for royalty payments or residuals of any kind; (ix) the Star Wars Mashup Film is not subject to any union or guild requirements or restrictions, whether current or ongoing, (x) you have paid and will pay all amounts that have become or may become payable to any suppliers, musicians, actors, employees, independent contractors and other rights-holders in all or a portion of the Star Wars Mashup Film, and to any person or persons who rendered services in or in connection with Star Wars Mashup Film by virtue of the use made of the Star Wars Mashup Film hereunder, including without limitation residual, reuse, rerun, pension, health and welfare fund and payroll tax payments;(xi) you have obtained written permission when filming any part of any of Your Posted Materials which are incorporated in your submitted Star Wars Mashup Film on private property not owned or controlled by you, where such permission is required; and (xii) except with respect to the Star Wars Supplied Materials no other Lucasfilm intellectual property appears in or is used in connection with the Star Wars Mashup Film. You also acknowledge and agree that to the extent any moral rights of authors are not assignable, you hereby waive any such rights and irrevocably agree not to bring or maintain any claim or action based upon any alleged violation of any such moral rights anywhere in the world. If you include pictures of anyone in or with your submitted Star Wars Mashup Film, you must have their written permission to include their image in or with the Star Wars Mashup Film. If you submit an image of someone who is under 18 years of age who is not your child, you must have the permission of that child's parent or legal guardian and you may be asked to provide permission in writing by Lucas.
h. Indemnification and Release of Claims. You agree to indemnify and hold harmless Lucas and Lucasfilm Ltd and each of their subsidiaries and affiliates, and each of their respective licensees, successors and assigns, and each of their respective directors, officers, shareholders, employees, and agents from and against any and all claims, actions, damages, liabilities, losses, costs, and expenses of any kind (including, without limitation, attorneys; fees) which in any way arise out of or result from your breach of any of the representation, warranties or other terms or conditions of these Star Wars Mashup Service TOS or any use of your submitted Star Wars Mashup Film, Your Posted Content or Personal Elements in accordance with these Star Wars Mashup Service TOS.
You hereby release, discharge and hold harmless Lucas and Lucasfilm Ltd. and each of their subsidiaries and affiliates, each of their respective licensees, successors and assigns, and each of their respective officers, directors, agents, representatives and employees (collectively, the "Released Parties"), from any and all claims, actions, damages, liabilities, losses, costs and expenses of any kind (including, without limitation, attorneys' fees) arising out of, resulting from, or by reason of these Star Wars Mashup Service TOS, your submitted Star Wars Mashup Film, Your Posted Material, any of the Personal Elements or your participation or appearance in any program or advertising, including, without limitation, any use, exhibition or other exploitation of your submitted Star Wars Mashup Film or any of the Personal Elements, your appearance in any program or advertising, or the exercise by Lucas or any of the other Released Parties, of any of the rights granted by you under these Star Wars Mashup Service TOS, on any legal theory whatsoever (including, without limitation, idea misappropriation, copyright infringement, personal injury, rights of privacy and publicity, false light, defamation, intentional or negligent infliction of emotional distress, or breach of contract).
i. RELEASE OF UNKNOWN CLAIMS: YOU ACKNOWLEDGE THAT THERE IS A POSSIBILITY THAT AFTER THE ACCEPTANCE OF THESE Star Wars MASHUP SERVICE TOS, YOU MAY DISCOVER FACTS OR INCUR OR SUFFER CLAIMS THAT WERE UNKNOWN OR UNSUSPECTED AT THE TIME YOU ACCEPTED THESE STAR WARS MASHUP SERVICE TOS, AND WHICH, IF KNOWN BY YOU AT THAT TIME, MAY HAVE MATERIALLY AFFECTED YOUR DECISION TO ACCEPT THESE STAR WARS MASHUP SERVICE TOS. YOU ACKNOWLEDGE AND AGREE THAT BY REASON OF THESE STAR WARS MASHUP SERVICE TOS AND THE RELEASES CONTAINED HEREIN, YOU HAVE ASSUMED ANY RISK OF SUCH UNKNOWN FACTS AND SUCH UNKNOWN AND UNSUSPECTED CLAIMS. YOU ARE AWARE OF THE EXISTENCE OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH PROVIDES:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
NOTWITHSTANDING THIS PROVISION OR OTHER SIMILAR STATUTES, LAWS AND RULES IN ANY OTHER JURISDICTIONS, THESE
STAR WARS MASHUP SERVICE TOS SHALL CONSTITUTE A FULL, FINAL, AND COMPLETE RELEASE, ACCORD AND SATISFACTION OF EACH AND EVERY RELEASED CLAIM THAT YOU HAVE OR MAY HAVE, AT ANY TIME, AGAINST ANY OF THE RELEASED PARTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU KNOWINGLY AND VOLUNTARILY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AS WELL AS ANY OTHER STATUTE, LAW OR RULE OF SIMILAR EFFECT OF ANY OTHER JURISDICTION THROUGHOUT THE WORLD, AND ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THESE
STAR WARS MASHUP SERVICE TOS. YOU REPRESENT THAT YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND CONSEQUENCE OF THE RELEASES YOU HAVE MADE HEREIN, AND OF YOUR WAIVER OF ANY RIGHTS YOU MAY HAVE UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE AND ANY OTHER SIMILAR STATUTES, LAWS AND RULES.
© Lucasfilm Ltd. and/or its affiliated and related entities. All rights reserved.
Effective Date: 5/24/2007