
UPLOAD TERMS AND SUPPLEMENTAL LICENCE AGREEMENT

PLEASE READ THIS AGREEMENT CAREFULLY.

THIS LICENCE AGREEMENT IS SUPPLEMENTAL TO THE SOFTWARE LICENCE AGREEMENT THAT YOU ACCEPTED IN ORDER TO INSTALL AND USE THE GAME 'THE MOVIES'.

THIS LICENCE AGREEMENT IS MADE BETWEEN YOU AND LIONHEAD STUDIOS LIMITED ('LIONHEAD') AND GOVERNS THE UPLOADING OF MOVIES TO ANY LIONHEAD/ACTIVISION OPERATED WEBSITE (SEE THE 'TERMS OF USE' ON THE RELEVANT WEBSITE FOR THE FULL TERMS AND CONDITIONS GOVERNING YOUR USE OF THAT WEBSITE and FOR ANY AMENDMENT TO THESE TERMS).

UPLOADING MOVIES: 'THE MOVIES' GAME ('THE GAME') ENABLES YOU TO DESIGN, PRODUCE AND CREATE YOUR OWN MOVIES.  THE GAME'S SOFTWARE ENABLES YOU TO UPLOAD YOUR MOVIES TO A LIONHEAD/ACTIVISION OPERATED WEBSITE.

BEFORE UPLOADING ANY MOVIE TO A LIONHEAD/ACTIVISION OPERATED WEBSITE YOU MUST AGREE TO THE FOLLOWING TERMS:

1.	CONTENT RESTRICTIONS
(i)	The Game enables you to add or include your own content ('Additional Content') into specific areas in any movie(s) that you create using the Game.  You must ensure that any Additional Content added or included by you in any such movie:
a)	does not incorporate any materials (e.g. music, voices, sound effects, written text, names, images, photos or likenesses) owned by a third party from whom you have not obtained permission or a proper license to use such content or materials,
b)	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,
c)	does not contain material which is racist, pornographic, defamatory or otherwise objectionable.
(ii)	Use of any such material 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 material stated in Section 1(i) above can result in your movie(s) being removed from all Lionhead operated websites and/or your registration with Lionhead (and the privileges associated with that) being suspended 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.

2.	WARRANTY / INDEMNITY
(i)	You warrant that any Additional Content added by you to a movie (which is not content provided as part of the Game) including but not limited to 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 Lionhead, Activision and their 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. 
 
3.	GRANT OF LICENCE 
(i)	You represent that you are the author of all movies that you create using the Game.  Notwithstanding anything to the contrary, you agree that Lionhead owns all content within your movies that was supplied with the Game or is otherwise made available to you by Lionhead or Activision.  You remain the owner (or are a permitted user) of all Additional Content that you add to your movies.
(ii)	By proceeding with your upload you grant to Lionhead and Activision (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 Lionhead or Activision (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).  

4.	LIMITATION ON DAMAGES.
IN NO EVENT WILL LIONHEAD OR ACTIVISION BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME OR ANY CONTENT PROVIDED WITH THE GAME, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF LIONHEAD OR ACTIVISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIONHEAD'S AND ACTIVISION'S LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE ORIGINAL SOFTWARE LICENSE AGREEMENT PERMITTING USE OF THE GAME. SOME TERRITORIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

5.	Lionhead and Activision reserve the right to amend these terms, and such amendment shall become effective upon posting to a Lionhead/Activision operated website.
