LOST UNIVERSITY TERMS OF USE
1. INTRODUCTION
Welcome to Lost University!
Lost University is an interactive online experience offering programs, information, content, products and
services related to the "Lost" television program (the "Service"). It operates across two platforms: (1) the Lost
University website at www.LostUniversity.org which is accessible on the Internet through a standard web
browser (the "Lost U Site"), and (2) the Lost University Blu-ray portal which is accessible on the BD-Live 2.0
Network through the "Lost" Season 5 Blu-ray disc (the "Lost U Portal"). Certain elements of the Service may
only be available through the Lost U Site or the Lost U Portal . For example, you may only participate in Lost
University classes through the Lost U Portal. You may access the Service so long as you agree to and abide by
this Lost University Terms of Use ("TOU") and any other terms and conditions and policies published on or
through the Lost U Site or Lost U Portal.
The Service is provided by or on behalf of Buena Vista Home Entertainment, Inc., whose corporate domicile is
at 500 S. Buena Vista Street, Burbank, California, U.S.A., 91521, ("we", "us" or "our").
You must be 18 years or over to use the Service.
Lost University is intended for entertainment purposes only. The information available through the Service
does not provide a formal education or a recognized degree or other qualification. We expressly disclaim any
representation or warranty as to the accuracy or comprehensiveness of such information. Additionally, any
opinions expressed by a Lost University instructor are his or her own opinions and do not necessarily reflect our
opinions. You agree not to directly contact any Lost University instructor about any aspect of the Service. We
have no responsibility or liability for the activities of any Lost University instructor.
We make no representation or warranty that the Service is appropriate or available for use in any particular
location. While certain elements of the Service may be accessed without registering, users can only take full
advantage of the complete Lost University experience by registering as a student through the Lost U Site. You
may register to be a Lost University student only if you reside in one of the following territories: Argentina,
Brazil, Chile, Columbia, Ecuador, El Salvador, Guatemala, Mexico, Paraguay, Peru, Puerto Rico, Spain, ,
Uruguay, Australia, Austria, Denmark, Egypt, Finland, Germany, The Netherlands, Iceland, Ireland, Italy,
Jordan, Kuwait, Luxembourg, New Zealand, Norway, Oman, Poland, Portugal, Qatar, Russia, Saudi Arabia,
South Africa, Sweden, Switzerland, Turkey, United Arab Emirates, United Kingdom, United States and Canada
(excluding Quebec). You agree not to register to be a Lost University student if you do not reside in one of the
foregoing territories. Additionally you may not access or use, or attempt to access or use the Service outside of
these Territories. International users who choose to access the Service do so on their own initiative and are
responsible for compliance with all applicable laws. Access to or use of the Service is not allowed where
prohibited by local applicable law.
Any information you provide to Lost University is subject to the Privacy Policy (which forms part of this TOU)
available at www.LostUniversity.org. PLEASE NOTE that by submitting personal information to Lost
University you are consenting to the use and processing of your personal information in the United States where
your data will be controlled by us and governed by U.S. law which may provide a level of data protection
different than that of a foreign territory.
We reserve the right, at our sole discretion, to change, modify, add to, or delete any elements of the Service or to
terminate your access to the Service at any time and for any reason. Your installation and use of any updates or
modifications to the Service or your continued use of the Service following notice of changes to this TOU
demonstrates your acceptance of any and all such changes. You acknowledge that the Service requires
administration from us and may be discontinued at any time at our sole discretion. If we plan to discontinue the
Service, we will take reasonable efforts to notify you. For information about BD-Live Network availability,
please check www.Disneybluray.com/BDLive. Accordingly, in the event that we change or discontinue any
part of such administration, you acknowledge that you may no longer be able to access your user account to the
same extent, or at all. In no event will we be liable for the discontinuation of the Service or the removal of or
disabling access to the Service. Once the Service is cancelled or suspended, any data you have stored on the
Service may no longer be accessible.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE REGISTERING FOR, ACCESSING
OR USING THE SERVICE. Please note that we do not provide guarantees or warranties and this TOU
also limits our liability to you. These terms are in Sections 10 and 11 of the TOU, and we ask you to read
them carefully. If you do not agree to this TOU and/or you are under 18 years of age, you may not
register for, access or use the Service. Printable copies of all terms are available at
www.LostUniversity.org
You acknowledge that this TOU is supported by reasonable and valuable consideration, the receipt and
adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you
acknowledge that such consideration includes your use of the Service and receipt of data, materials and
information available through the Service, the possibility of our use or display of your Solicited Submissions (as
defined below in Section 3, entitled "SUBMISSIONS") and the possibility of the publicity and promotion from
our use or display of your Solicited Submissions.
2. USE OF CONTENT AND ACCESS TO THE SERVICE
All information, materials, functions and other content (including Submissions, as defined in Section 3, entitled
"SUBMISSIONS") contained on or made available in connection with the Service (the "Content") are our
copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks,
trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the Service
or delete Content or features at any time, in any way, for any reason.
Except as we specifically agree in writing, no Content may be used, reproduced, transmitted, distributed or
otherwise exploited in any way other than as part of the Service, except that where the Service is configured to
enable the download of particular Content, you may download one copy of such Content to a single computer
and/or your Blu-ray player for your personal, noncommercial home viewing use only, provided that you (a)
keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not
use the Content in a manner that suggests an association with any of our products, services or brands. Any
business use, "re-mailing" or high-volume or automated use of the Service is prohibited.
You may not attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any digital
rights management software or other security technology that is associated with the Content or which controls
access to and delivery of the Service. You may not edit, modify, translate or create derivative works or
adaptations of the Content and you may not decompile, re-sell, copy, rent, lease, reproduce, reverse engineer,
disassemble or otherwise reduce any Content to a human-readable form. You agree that you will not (i)
duplicate or otherwise reproduce the Content, or any portion thereof, onto any physical medium, memory or
device including but not limited to CDs, DVDs, VCDs or any other such device or medium now known or
hereinafter devised; (ii) use the Service or the Content to violate any legal rights of any third party, including
any publicity or privacy right, copyright or other intellectual property right; or (iii) counterfeit or paste the
Content to any web site or web page unless expressly authorized by us. In addition, you agree that you will not
attempt to, or encourage or assist any other person to modify any Content or circumvent any digital rights
management or other security technology associated with any Content. The rights granted in this TOU do not
transfer to you any commercial or promotional use rights in the Content or Service. Without limiting the above,
except as allowed by law or as clearly indicated in writing by us, the Content (and any portion thereof) and any
components of the Service may not be reproduced, displayed exhibited or performed in whole or in part in or at
public places.
You may not remove, alter or in any way tamper with or remove any copyright notices or other proprietary
markings included with the Content or the Service. Any other copying, access, transfer or use of the Content or
the Service shall constitute an act of copyright infringement and a breach of this TOU. In such case, we may, at
our sole discretion, terminate your access to the Service and pursue any other available rights or remedies at law
or equity.
In the event that we offer downloads of software through the Service and you download such software, the
software, including any files, images incorporated in or generated by the software, and data accompanying the
software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal,
noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or
otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to
a human-readable form.
3. SUBMISSIONS
In this TOU, we use the word "Submissions" to mean text, messages, ideas, concepts, pitches, suggestions,
stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical
compositions (including lyrics), sound recordings, characterizations, your and/or other persons' names,
likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical
information or material, and/or other similar materials that you submit, post, upload, embed, display,
communicate or otherwise distribute (collectively, "b") on or through the Service.
There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. "Solicited
Submissions" means those Submissions (a) that we expressly request or enable you to provide to us via any
feature or activity offered through the Service for our review or display and possible specifically-defined
consideration or compensation (collectively, "Consideration") (such as prizes or other value in games,
sweepstakes, contests and promotions); and (b) that you Distribute on or through the Service for which you do
not seek Consideration (such as in our Guest Services and in Public Forums (as defined below in Section 6,
entitled "PUBLIC FORUMS AND COMMUNICATION")). "Unsolicited Submissions" are any and all
Submissions that do not fall within subparagraphs (a) or (b) of this paragraph.
DO NOT DISTRIBUTE ANY UNSOLICITED SUBMISSIONS; NO IMPLIED CONTRACT.
Our long-standing company policy does not allow us to accept or consider Unsolicited Submissions so please do
not Distribute Unsolicited Submissions on or through the Service. We want to avoid the possibility of future
misunderstandings when projects developed by us or under our direction might seem to others to be similar to
their own creative work. We therefore ask that you not Distribute any Unsolicited Submission. In any event, you
agree that any Submissions you make are not being made in confidence or trust and that no confidential or
fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of
any review, compensation or consideration of any type (other than any stated Consideration).
Except as expressly stated in this TOU, the provisions of this TOU apply equally to Unsolicited Submissions
and Solicited Submissions. Accordingly, we, our licensees, distributors, agents, representatives and other
authorized users shall be entitled to exploit and disclose all Submissions, and we shall not be liable to you or to
any person claiming through you for any exploitation or disclosure of any Submission.
4. LICENSES AND REPRESENTATIONS
You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a
perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sublicensable and transferable (in whole or part)
worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other
intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index,
comment on, modify (including removing lyrics and music from any Submission or substituting the lyrics and
music in any Submission with music and lyrics selected by us), create derivative works based upon, perform and
otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or
hereafter devised (including on the Lost U Site and Lost U Portal, on third party web sites, on our broadcast and
cable networks and stations, on our broadband and wireless platforms, products and services, on physical media,
and in theatrical release) for any and all purposes including entertainment, news, advertising, promotional,
marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution,
and without the requirement of any permission from or payment to you or to any other person or entity (the
"Submissions License").
By communicating a Submission, you represent and warrant that the Submission and your communication
thereof conform to the Rules of Conduct (set forth below in Section 7 labelled "RULES OF CONDUCT")) and
other requirements of this TOU and that you own or have the necessary rights, licenses, consents and
permissions, without the need for any permission from or payment to any other person or entity, to exploit, and
to authorize us to exploit, such Submission in all manners contemplated by this TOU (including the
Submissions License). This TOU (including the Submissions License) does not limit any past or future grant of
rights, consents, agreements, assignments and waivers you may have made or make with respect to
Submissions.
To the extent that any Submissions you Distribute on or through the Service contain original songs or
recordings, you hereby represent that you are a member of ASCAP, BMI, SESAC or any other applicable
performing rights society and that all musical compositions (including lyrics) and sound recordings contained in
such Submissions are available for licensing to us (and our licensees, distributors, agents, representatives and
other authorized users) directly from such societies. Notwithstanding the foregoing, regardless of whether you
are a member of any performing rights society, you grant the Submissions License with respect to each and
every musical composition (including lyrics) and sound recordings contained in such Submissions.
To the extent that we solicit Submissions through features or activities on or through the Service (including
games, sweepstakes, contests, promotions and Public Forums (defined below in Section 6, labelled "PUBLIC
FORUMS AND COMMUNICATION")) that require the use of our copyrighted works (in whole or in part), we
hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or
in part) as required (but only as required, and only for the purpose of creating your Submissions); provided,
however, that such license shall be conditioned upon your assignment of all rights in the work you create to us.
If such rights are not assigned to us, your license to create derivative works using our copyrighted works (in
whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and
assignments whether or not your Submissions are used by us.
You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act
we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set
forth in this TOU.
To the extent any "moral rights," "ancillary rights," or similar rights in or to the Submissions exist and are not
exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents,
representatives and other authorized users, and you shall procure the same agreement not to enforce from any
others who may possess such rights.
Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements,
assignments, and waivers you may make with respect to Submissions, you hereby ratify any prior grant of
rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by
you to us.
5. ACCOUNTS
Some aspects of the Service permit or require you to create an account to participate in or to secure additional
benefits. You agree to provide, maintain and update true, accurate, current and complete information about
yourself as prompted by our registration processes (the "Registration Data"). You shall not impersonate any
person or entity or misrepresent your identity or affiliation with any person or entity, including using another
person's username, password or other account information, or another person's name, likeness, voice, image or
photograph. You also agree to promptly notify us of any unauthorized use of your username, password, other
account information, or any other breach of security that you become aware of involving or relating to the
Service. In addition, you agree to exit from your account at the end of each session.
We may suspend or terminate your account and your ability to use the Service or portion thereof for failure to
comply with this TOU or any special terms related to a particular service, for infringing copyright, or for any
other reason whatsoever.
Upon termination, you must erase, destroy or otherwise remove the Content from all of your equipment.
6. PUBLIC FORUMS AND COMMUNICATION
"Public Forum" means an area, site or feature offered as part of the Service that allows users to Distribute
Submissions for viewing by one or more Lost University users, including a chat area, message board, instant
messaging, mobile messaging, social community environment, profile page, conversation page, blog, e-mail
function (including electronic greeting cards and send-a-friend e-mails).
You acknowledge that Public Forums and features offered therein are for public and not private
communications, and you have no expectation of privacy with regard to any Submission to a Public Forum. We
cannot guarantee the security of any information you disclose through any of these media; you make such
disclosures at your own risk.
You are and shall remain solely responsible for the Submissions you Distribute on or through the Service under
your username or otherwise by you in any Public Forum and for the consequences of submitting and posting
same. We have no duty to monitor any Public Forum.
Also, you should be skeptical about information provided by others, and you acknowledge that the use of any
Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do
not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we
specifically disclaim any and all liability in connection therewith.
We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take
any action with respect to Submissions you Distribute.
7. RULES OF CONDUCT
The following Rules of Conduct apply to the Service. By using the Service, you agree that you will not
Distribute any Submission that:
1. (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another
person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene,
pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to
harm any person or entity;
2. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent
to commit them, including a Submission that is, or represents an attempt to engage in, child
pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing
and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
3. infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or
other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another
person's personal information of any kind without their express permission) or publicity; or (c) any
confidentiality obligation;
4. is commercial, business-related or advertises or offers to sell any products, services or otherwise
(whether or not for profit), or solicits others (including solicitations for contributions or donations);
5. contains a virus or other harmful component, or otherwise tampers with, impairs or damages the
Service or any connected network, or otherwise interferes with any person or entity's use or enjoyment
of the Service; or
6. (a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b)
violates any specific restrictions applicable to a Public Forum, including its age restrictions and
procedures; or (c) is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding,"
"trolling," and "griefing" as those terms are commonly understood and used on the Internet.
We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or
any other provisions of this TOU, and, as between you and us, you hereby assume all risk of harm or injury
resulting from any such lack of compliance.
8. COOPERATION; REMOVAL OF SUBMISSIONS
We reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or
remove any Submission from the Service that violates this TOU (including the Rules of Conduct) and (b)
identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable
information, when we believe in good faith that such identification or disclosure will either (i) facilitate
compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce
these terms of use (including the Rules of Conduct) and/or our contest, sweepstakes, promotions, and game
rules, and/or protect the safety or security of any person or property, including the Service. Moreover, we retain
all rights to remove Submissions at any time for any reason.
9. CONTENT ACCESSIBLE THROUGH LINKS
You should be aware that when you are on the Lost U Site or Lost U Portal, there are links to other sites that
take you outside of our service to sites that are beyond our control, such as banner advertisements and links
from advertisers, sponsors and content partners that may use our logo(s) as part of a co-branding relationship.
You acknowledge that when you click on any of the aforementioned links, the sites you are taken to are not
controlled by us; different terms of use and a different privacy policy may apply, and we are not responsible for
such sites. We do not endorse and cannot ensure that you will be satisfied with any products or services that you
purchase from a third-party site that links to or from the Lost U Site or Lost U Portal or third-party Content
contained on the Lost U Site or Lost U Portal. We strongly encourage you to make whatever investigation you
feel necessary or appropriate before proceeding with any online or offline transaction with any third parties.
Nor can we be held responsible for the accuracy, relevance, legality or decency of material contained on sites
retrieved in searches and/or listed in search results or identified on search results pages.
10. DISCLAIMERS
THE SERVICE AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO LOST UNIVERSITY
OR ANY THIRD PARTY SITES OR SERVICES LINKED TO OR FROM THE LOST U SITE OR LOST U
PORTAL ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ON BEHALF OF
OURSELVES AND OUR AFFILIATES, LICENSORS AND SERVICE PROVIDERS (THE
"DISCLAIMING PARTIES") ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY AND
NONINFRINGEMENT AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. THE
DISCLAIMING PARTIES DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT
ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT
ANY WEBSITE OR THE SERVERS OR OTHER TECHNOLOGY PLATFORM THAT MAKE SUCH
CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THEREFORE, WE RECOMMEND THAT PRIOR TO ACCESSING THE CONTENT OR THE SERVICE,
YOU ENSURE, AT YOUR COST, THAT THE CONTENT OR SERVICE WILL SUIT YOUR
REQUIREMENTS AND NEEDS AND WILL NOT HAVE ANY NEGATIVE IMPACT ON YOUR
EQUIPMENT. THE DISCLAIMING PARTIES DO NOT WARRANT OR OTHERWISE STATE THAT THE
CONTENT AND THE SERVICE WILL MEET YOUR REQUIREMENTS. MOREOVER, YOU ASSUME
THE ENTIRE COST OF ACCESSING THE INTERNET VIA YOUR COMPUTER OR YOUR BLU-RAY
PLAYER AND ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
SERVICE OR ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST THE
DISCLAIMING PARTIES WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO
THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
The Service and Content available is intended for entertainment purposes only. They are not intended to provide
a formal education or a recognized degree or other qualification, and do not constitute legal, professional,
medical or healthcare advice or diagnosis, and may not be used for such purposes. Always seek the advice of
your physician or other qualified health provider with any questions you may have regarding a medical
condition. You should not act or refrain from acting on the basis of any content included in, or accessible
through, the Service without seeking the appropriate legal or other professional advice on the particular facts
and circumstances at issue from a lawyer or professional licensed in the recipient's state, country or other
appropriate licensing jurisdiction. If you think you may have a medical emergency, call your doctor or 911 (or
local emergency service) immediately. Reliance on any information appearing through the Service is strictly at
your own risk.
The Service may contain the opinions and views of other users. Given the interactive nature of the Service, we
cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by
our users.
11. OUR LIABILITY TO YOU
THE SERVICE IS OFFERED TO YOU FOR YOUR PRIVATE ENTERTAINMENT USE ONLY. UNDER
NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY THE DISCLAIMING
PARTIES, SHALL THE DISCLAIMING PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON OR
ENTITY FOR ANY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
OF ANY KIND THAT RESULT FROM THE USE OF, OR INABILITY TO USE THE CONTENT OR THE
SERVICE INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY
DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE
INABILITY TO USE, THE SERVICE OR INCLUDED CONTENT, OR (B) THE CONDUCT OR ACTIONS,
WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE OR ANY OTHER PERSON OR
ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF
ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED
THE AMOUNT PAID BY YOU, IF ANY, OR US$100 (WHICHEVER IS LESS) FOR ACCESSING OR
PARTICIPATING IN ANY ACTIVITY RELATED TO LOST UNIVERSITY. MOREOVER, UNDER NO
CIRCUMSTANCES SHALL THE DISCLAIMING PARTIES BE HELD LIABLE FOR ANY DELAY OR
FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE
MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN
THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
CERTAIN STATE LAWS AND LAWS OF OTHER APPLICABLE JURISDICTIONS DO NOT ALLOW
LIMITATION ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL
RIGHTS. FOR USERS ACCESSING THE SERVICE OR CONTENT FROM OUTSIDE OF THE U.S. AND
CANADA NOTHING IN THIS SECTION SHALL LIMIT OUR LIABILITY TO YOU FOR PERSONAL
INJURY OR DEATH WHICH ARISES DUE TO THE NEGLIGENCE OF ANY DISCLAIMING PARTY.
WE MAY TERMINATE YOUR FURTHER ACCESS TO THE SERVICE OR CHANGE THE SERVICE OR
DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON.
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12. INDEMNIFICATION
You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s),
as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us,
our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the
foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing
entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the
"Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including
settlement costs and any legal or other fees and expenses for investigating or defending any actions or
threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach
by you of these terms of use or claims arising from your use of the Service and/or your account(s). You shall use
your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to
employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to
indemnification by you.
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13. JURISDICTIONAL AND VENUE ISSUES
You agree that any action at law or in equity arising out of or relating to this TOU or Lost University shall be
filed, and that venue properly lies, only in state or federal courts located in the borough of Manhattan, New
York, New York, excluding conflicts of law provisions and you hereby consent and submit to the personal and
exclusive jurisdiction of such courts for the purposes of litigating any such action. We make no representation
that the Content is appropriate or available for use in any particular location. Those who choose to access the
Service do so on their own initiative and are responsible for compliance with all applicable laws including any
applicable local laws.
All parts of this TOU apply to the maximum extent permitted by law. A court may hold that we cannot
enforce a part of this TOU as written. If this happens, you and we will replace that part with terms that most
closely match the intent of the part that we cannot enforce. The rest of this TOU will not change. This (and any
other terms of use stated above) is the entire contract between you and us regarding your use of the Service and
the Content. It supersedes any prior contract or statements regarding your use of the Service and the Content.
Nothing in this clause shall limit our right to take proceedings against you in any other court of competent
jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of
proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such
other jurisdiction.
We reserve the right to take such steps as we believe are reasonably necessary or appropriate to enforce and/or
verify compliance with any part of this TOU. You agree that we have the right, without liability to you, to
disclose any information to law enforcement authorities, government officials, or a third party as we believe is
reasonably necessary or appropriate to enforce or verify compliance with any part of this TOU.
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14. AMENDMENT
At any time, we may amend this TOU (including by modification, deletion and/or addition of any portion
thereof). If we make a material amendment to this TOU, we will notify you of such amendment by sending you
an e-mail at the last e-mail address that you provided us, and/or by posting notice of such amendment on the
Lost U Site. Any such amendment to this TOU will be effective thirty (30) calendar days following either our
dispatch of an e-mail notice to you or our posting of notice of the changes on the Lost U Site. Please note that, at
all times, you are responsible for updating your personal information to provide us with your current e-mail
address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is
not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice
will nonetheless constitute effective notice of any amendment described in the notice.
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15. GENERAL PROVISIONS
This TOU shall be governed by and construed in accordance with the laws of the State of New York and the
laws of the United States, without giving effect to any principles of conflicts of law. If any provision of this
TOU shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable
from this TOU and shall not affect the validity and enforceability of any remaining provisions. No waiver of any
provision of this TOU by us shall be deemed a further or continuing waiver of such provision or any other
provision, and our failure to assert any right or provision under this TOU shall not constitute a waiver of such
right or provision. In This TOU, the word "including" is used illustratively, as if followed by the words "but not
limited to." YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR
RELATED TO THIS TOU OR LOST UNIVERSITY MUST COMMENCE WITHIN ONE (1) YEAR AFTER
THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE
PERMANENTLY BARRED.
Supply of goods, services and software through or from Lost University is subject to United States export
control and economic sanctions requirements. By acquiring any such items through or from Lost University, you
represent and warrant that your acquisition comports with and your use of the item will comport with those
requirements. Without limiting the foregoing, you may not acquire goods, services or software through Lost
University if: 1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or
Syria or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S.
Commerce Department's Denied Persons List, Unverified List or Entity List or 2) you intend to supply the
acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one
of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified
List or Entity List.
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16. CLAIMS OF COPYRIGHT INFRINGEMENT
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as
determined by us in our sole discretion, of users who are infringers of copyright.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement
must be sent to Service Provider's Designated Agent.
Notification must be submitted to the following Designated Agent: Service Provider: Walt Disney Internet
Group
Name of Agent Designated to Receive Notification of Claimed Infringement: Laurence J. Shapiro
Full Address of Designated Agent to Which Notification Should be Sent: 500 South Buena Vista Street,
Burbank, CA 91521-7725
Telephone Number of Designated Agent: (818) 623-3200
Facsimile Number of Designated Agent: (818) 623-3637
E-Mail Address of Designated Agent: designated.agent@dig.TWDC.com
To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at
a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and
that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit
us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address,
telephone number, and, if available, an electronic mail address at which the complaining party may be
contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed.
We may give you notice that we have removed or disabled access to certain material by means of a general
notice on the Lost U Site, electronic mail to a user's e-mail address in our records, or by written communication
sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide
counter-notification in writing to the designated agent that includes the information below. To be effective, the
counter-notification must be a written communication that includes the following:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location
at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was
removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of
a Federal District Court for the judicial district in which your physical address is located, or if your
physical address is outside of the United States, for any judicial district in which The Walt Disney
Company may be found, and that you will accept service of process from the person who provided
notification of allegedly infringing material or an agent of such person.
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