1. Introduction

By entering any web site owned or operated by Lionhead Studios Limited (‘LSL') that posts these Terms of Use, you are accepting and agreeing to the terms set out below (except to the extent any such web site may post a different terms of use policy applicable to it), and your use of such web sites (collectively described herein as ‘LSL Web Sites') is subject, at all times, to these Terms.

Lionhead reserves the right to discontinue or modify any LSL Web Site and these Terms at any time without prior notice. Any such changes will be effective when posted. You are responsible for reviewing these Terms and your access to and/or use of any LSL Web Site constitutes acceptance of these Terms.

2. License to use the LSL Web Sites

In connection with your use of any LSL Web Site, and subject to any restrictions of its licensors, LSL grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display the LSL Web Sites and the materials thereon, provided that you comply fully with these Terms. You shall not interfere or attempt to interfere with the operation of any LSL Web Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means prohibited (whether expressly or by inference) by any provision of these Terms.

3. Submissions Policy

Lionhead has a policy of not accepting ideas, artwork, characters, stories or any other creative work or concepts (‘Creative Materials') from members of the public, unless it has been specifically requested or forms part of a competition. In accordance with this policy, LSL requests that you do not send any Creative Materials to LSL or any of its employees.

4. Ownership

Save where stated otherwise, all title, ownership, and intellectual property rights in and to the LSL Web Sites (including, but not limited to, any titles, trademarks, service marks, and trade names, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, and any related documentation) are owned by LSL.

Except as otherwise provided for in these Terms, you may not reproduce, perform, create derivative works from, republish, upload, edit, post, transmit, or distribute in any way whatsoever, any articles, opinions, photographs, images, video, audio, advertising, trademarks, service marks, logos, trade names, computer code or any other intellectual property (collectively ‘Material') from an LSL Web Site without the prior express written consent of LSL. Any modification of any Material, or of any portion thereof, or use of any Material for any unauthorised purpose constitutes an infringement of LSL's copyrights and other proprietary rights in and to all Material. Use of any Materials on any other web site or other networked computer environment is prohibited without the prior express written consent of LSL.

With regard to movies created using The Movies game, please refer to Section 10 of these Terms.

5. Online Forums

The LSL Web Sites may include chat rooms, discussion forums, message boards and/or news groups and community sites that allow feedback, comments and/or reviews to be posted (‘Online Forums') which allow visitors to interact with each other by posting messages and/or other content (‘Content').

You may view messages on the Online Forums without having to register with LSL, but to actively participate in any Online Forum and use any services associated thereto, you must register with LSL using a valid e-mail address. Upon registration, an activation key (in the form of a URL) will be emailed to the address you provide - you must visit this URL using the web browser of your choice to activate your account. You will be unable to use the Online Forums until your account is activated.

By posting or uploading Content to any Online Forum or submitting any other content to LSL, you automatically grant (or warrant that the owner of such rights has expressly granted) LSL a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from and distribute such materials or incorporate such Content into any form, medium, or technology now known or later developed, and agree that LSL shall be entitled to unrestricted use of the Content for any purpose whatsoever, commercial or otherwise, without compensation. In addition, you warrant that the content as uploaded or posted by you does not violate any person's rights, including, without limitation, any rights of identification or integrity (as defined in Sections 77 and 80 of the Copyright Designs and Patents Act 1988) or other analogous ‘moral rights' that may subsist under the laws of any foreign jurisdiction.

LSL will have no responsibility to monitor the Online Forums or any Content posted thereon.

However, LSL reserves the right to remove, edit or delete content that LSL, in its sole discretion, determines to be unsuitable for the Online Forums. Each Online Forum participant is responsible and liable for any Content or other material posted by them on an Online Forum, (including without limitation the transmission, posting, or other provision of text, files, links, software, photographs, video, sound, music or other information or material to any portion of the Online Forums). LSL reserves the right (in its sole discretion) to modify, remove, suspend or delete any Content on any Online Forum at any time. Any activity on or to an Online Forum which is deemed by LSL (in its sole discretion) to be inappropriate may result in the suspension or termination of a registered users account.

Listed below are some, though not all, inappropriate activities that may result in LSL terminating or suspending your access to an Online Forum. You understand that the Online Forums are within the public domain and as such the uploading to and/or posting of any Content in any Online Forum shall not be subject to any obligation of confidence on the part of LSL, and LSL shall not be liable for any use or disclosure of any Content.

You agree not to do any of the following actions while using any Online Forum:

•  Harass, threaten, embarrass or cause distress or discomfort upon another Online Forum participant, user, or other individual or entity;
•  Transmit any Content in any Online Forum that LSL considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable;
•  Impersonate in any Online Forum any person, including but not limited to, an LSL official, or an Online Forum leader, guide, host or moderator;
•  Disrupt the normal flow of dialogue in an Online Forum or otherwise act in a manner that negatively affects other participants (including but not limited to: insulting other users, inciting flames, spamming, off-topic posting, flooding or invading, inciting board wars, using robots or automated programs, censor bypassing, disruptive scrolling, etc.);
•  Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Online Forums;
•  Intentionally or unintentionally violate any applicable law, regulation or treaty while using or accessing any Online Forum; and
•  Invade the privacy or violate or infringe any right of any person or entity, including, without limitation, any intellectual property right.

You agree to indemnify and hold harmless LSL from and against any costs, claims, demands, liabilities, expenses, damages or losses of whatever nature (including but not limited to legal and other professional costs and expenses) arising out of or from, or incurred by reason of the posting or uploading by you of any Content to any Online Forum or your failure to comply with these Terms. Without limiting LSL's rights set forth above, LSL reserves the rights to delete, move, or edit Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, violates any person's rights of privacy or publicity or is deemed by LSL to be otherwise unacceptable.

6. Links

When accessing or using the LSL Web Sites, you may be directed to other web sites that are not affiliated with LSL (‘Unaffiliated Site'). LSL is not a sponsor of, does not endorse, and is not responsible for the content or availability of any activity or content that takes place on an Unaffiliated Site. Your access of an Unaffiliated Site is at your own risk.

7. Registration

Certain areas of certain LSL Web Sites may require you to register or provide information in order to access or participate in such areas. All such requirements to provide information are subject to both these Terms and any privacy policies posted on such LSL Web Sites. You have the option of providing registration information or not. However, should you choose not to provide the information, your access to the LSL Web Sites may be limited. If you do decide to provide LSL with the requested registration information, you agree to provide only true, current and accurate information.

LSL does not collect or store any personally identifiable information such as name, address, or email address from children under 13 years of age, without the prior express written consent of their parent or legal guardian.

8. Downloads

You may download one (1) copy only of any Material (which is not Software as defined below) contained on the LSL Web Sites which are expressly designed and stated as being for download (including streaming media), provided that you may use such downloaded Material solely for non-commercial personal use only, provided you also retain all copyright and other proprietary notices contained on any such Material. You may not, however, distribute, modify, transmit, re-use, re-post, or use any LSL Web Site Material for public or commercial purposes, including all text, images, audio and/or video without the prior express written consent of LSL.

LSL makes available to you certain software that may be downloaded from the LSL Web Sites (‘Software'), including without limitation certain images, files, or other material incorporated into or generated by the Software, and other data accompanying the Software. Use of any such Software may be subject to the terms and conditions of any licence accompanying or integrated into the Software. For everything else, LSL grants you a non-exclusive non-transferable limited revocable licence for non-commercial and personal use only. In no event does LSL transfer title to the Software to you. LSL retains full and complete title to the Software, and all intellectual property rights attached thereto. You may not sell, reproduce, redistribute, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.

With regard to movies created using The Movies game, please refer to Section 10 of these Terms.

9. Competitions

From time to time the LSL Web Sites may offer you the ability to enter competitions. These competitions are governed by an additional set of rules, which will be published on the relevant website.

10. The Movies Game

This section of these Terms is specific to The Movies game.

The Movies game enables players to design, produce and create your own movies. The Movies game software enables these movies to be uploaded to an LSL Web Site.

Movie Uploads:

By uploading any movie to an LSL Web Site you are deemed to agree to the following terms:

A. Content Restrictions -

(i) The Movies game enables you to add or include your own content (‘Additional Content') into specific areas in any movie(s) that you create using the Movies game. You warrant that any Additional Content added or included by you in any such movie:

•  does not incorporate any content (e.g. music, voices, sound effects, written text, names, images, photos, likenesses, etc.) owned by a third party from whom you have not obtained permission or a proper license to use such content or materials,
•  does not otherwise violate or infringe upon any third party's intellectual property rights (including but not so as to be limited to copyright, trade mark, patent or personality/image rights) or rights of privacy or publicity and,
•  does not contain content which is racist, pornographic, defamatory or otherwise objectionable.

(ii) Use of any such content may constitute an infringement of copyright, other intellectual property right, a person's right to privacy or personality/image rights, and/or other legal right, which may subject you to civil and/or criminal penalties.

(iii) The inclusion of any of the content referred to above in any movie(s) can result in your movie(s) being removed from all LSL Web Sites and/or your registration with LSL (and the privileges associated with that) being suspended or terminated in order to prevent you from uploading any further movie(s) and/or a civil suit being issued against you for damages and/or other relief.

B. Warranty / Indemnity -

(i) You warrant that any Additional Content added by you to a movie (which is not content provided as part of the Movies game, but includes but is not limited to all other backdrops, music, voices, sound effects, written text, names, images, photos or likenesses) is original material owned by you or where you are not the owner of such material, the owner has consented to your use of the Additional Content and to your publishing the same on the internet or otherwise using the same within your movie.

(ii) You agree to indemnify, defend and hold LSL and its licensees, distributors, publishers, employees, officer, agents and assigns harmless from all damages, losses and expenses arising directly or indirectly from any Additional Content, including, without limitation, any arising directly or indirectly from your failure to adhere to the aforementioned content restrictions and/or any breach of warranty as to ownership of Additional Content.

C. Grant Of Licence -

(i) You represent that you are the author of all movies that you create using the Movies game. Notwithstanding anything to the contrary, you agree that LSL owns all content within your movies that was supplied with the Movies game or is otherwise made available to you by LSL. You remain the owner (or are a permitted user) of all Additional Content that you add to your movies.

(ii) You grant to LSL and their licensees, distributors, publishers, agents or assigns a world wide non-exclusive perpetual irrevocable royalty-free licence to publish, use, change, modify, sub-license and/or otherwise exploit as it deems fit, your movies, including, without limitation any and all Additional Content that you add to your movies in all media and formats (electronic or otherwise, including without limitation via the internet) including the right to publicly broadcast the same and you acknowledge that no payment is due to you nor shall any payment become due to you from LSL (or their licensees, distributors, publishers, agents or assigns) in respect of any use or exploitation pursuant to the aforesaid licence or any of the other rights granted herein (including without limitation lending and rental rights).

Movie Downloads:

Uploaded movies are from time to time made available on LSL Web Sites for download (including streaming media) and may be downloaded/viewed by you. By downloading/viewing any movie from an LSL Web Site you are deemed to agree to the following terms:

A. Grant of Licence -

(i) LSL hereby grants you a non-exclusive, revocable, royalty-free, non-transferable conditional licence to download or view a single copy of a downloaded movie on a single computer for use by a single concurrent user only, subject to the conditions and restrictions set out herein.

(ii) You agree not to do any of the following in connection with any and every movie (or any part thereof) that you download or view as streaming content:

(a) use, display or otherwise exploit a downloaded movie (or any part thereof) for any commercial purpose or in connection with any money making scheme;

(b) copy, sell, lease, sub-licence, reproduce, publish, distribute or redistribute, in any manner whatsoever, any downloaded movie (or any part thereof);

(c) decompile, disassemble, un-bundle, decipher, decrypt or otherwise attempt to copy, modify, alter, adapt or deface any downloaded movie (or any part thereof) nor merge or combine any downloaded movie with another downloaded movies or with anything else;

(d) otherwise use or exploit a downloaded movies (or any part thereof) in any manner which is inconsistent with these Terms.

(iii) All rights not expressly granted by this licence are specifically reserved.

B. Content -

LSL makes no warranty or representation as to the quality, suitability or completeness of any of the content contained in any downloaded movie and hereby disclaims all warranties and representations with regard to the same, including all warranties and representations of merchantability, fitness for purpose, title and non-infringement. The entire risk arising out of the download and/or use of any downloaded movie remains at all times with you.

11. Violations/Termination

LSL, in its sole discretion, may determine your compliance with these Terms. LSL reserves the right to prevent or limit your access to the LSL Web Sites for any violation of these Terms and may refer your activity to law enforcement authorities in its sole discretion. Upon termination, you must discontinue your use of and destroy any Materials obtained from the LSL Web Sites.

12. Indemnification

You agree to indemnify and hold harmless LSL and its respective officers, directors, owners, agents, information providers and licensors (collectively the ‘Indemnified Parties') from and against any and all costs, claims, demands, liabilities, expenses, damages or losses of whatever nature (including but not limited to legal and other professional costs and expenses) incurred by an Indemnified Party in connection with any breach by you of these Terms. LSL reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with LSL's defence of such claim.

13. Disclaimer of Warranty and Limitation on Liability

THE LSL WEB SITES, ANY MATERIALS AND ANY SOFTWARE ARE PROVIDED ‘AS IS' AND WITHOUT ANY WARRANTY, AND LSL EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING THERETO, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LSL DOES NOT WARRANT OR REPRESENT THAT THE LSL WEB SITES, ONLINE FORUMS OR SOFTWARE WILL BE AVAILABLE, ACCURATE, ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES, OR THAT ANY DEFECTS THAT MAY BE CONTAINED THEREIN WILL BE CORRECTED.

IN NO INSTANCE WILL LSL BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES THAT MAY RESULT FROM THE USE OF OR THE INABILITY TO USE, THE LSL WEB SITES, ANY MATERIALS, OR ANY SOFTWARE. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND/OR DISCLAIMERS, IN WHICH CASE SOME OF THESE WARRANTIES AND/OR DISCLAIMERS MAY NOT BE APPLICABLE TO YOU.

14. Copyright

If you believe that any Material or Content appearing on an LSL Web Site has been copied in a way that constitutes copyright infringement, please forward the following information to Lionhead Studios Limited, 2 nd Floor, One Occam Court, Surrey Research Park, Guildford, Surrey GU2 7YQ, UK ( Fax: (+44) (0) 1483 401101) marked Attn: Legal Department :

•  Your name, address, telephone number, and email address;
•  A description of the copyrighted work that you claim has been infringed;
•  The exact URL or a description of where the alleged infringing material is located;
•  A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
•  An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
•  A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

15. General

The LSL Web Sites are operated by Lionhead Studios Ltd from the United Kingdom . Lionhead does not represent that the LSL Web Sites are appropriate for use in other locations. Those who choose to access the LSL Web Sites from locations outside the United Kingdom do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.

These Terms have been prepared in the English language. If translated into another language, the English language text shall in any event prevail. These Terms are governed by and shall be construed in accordance with English law and any dispute arising in connection with these rules shall be subject to the exclusive jurisdiction of the English courts, without giving effect to any principles of conflicts of law, as they are applied to agreements entered into and to be performed within England . If any provision of the 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. These Terms supersede any prior or contemporaneous agreements or understandings, whether written or oral, relating to the matters contained herein.