LEGO Ideas User Innovation Platform
Terms of Service Version 1.5
This is a legal agreement between you and LEGO System A/S, Aastvej 1, DK-7190 Billund, Denmark (“LEGO”) in regards to you suggesting ideas in any form imaginable and LEGO using these ideas.
It imposes certain restrictions on your use of the LEGO Ideas Platform (“Platform”). LEGO and its suppliers retain ownership of the Platform, and no rights are granted to you other than to use the Platform under the terms and conditions expressly set forth in these Terms of Service.
By clicking on the “I accept the Terms of Service” button below you agree to be and are hereby bound by the terms and conditions of these Terms of Service. If you do not agree to these Terms of Service, you cannot use the Platform.
I. ACCESSING THE PLATFORM
To access the Platform, you must be at least 13 years old. If you are between 13 years and 18 years old you can create and submit product ideas, however we will need a parental consent from your parent/legal guardian if the idea goes into production or if we decide to produce your product idea.
You will be required to establish a user account creating a LEGO ID username or using a social sign-in feature. All accounts must be tied to a bona fide email address or social networking profile you own and operate.
II. DATA PRIVACY
You may have to provide LEGO with certain personal information when using the Platform. The personal information will be used only for the purpose of using this Platform as described in these terms unless otherwise clearly stated and accepted by you.
The personal information we will be collecting when using the Platform is:
- full legal name,
- postal address,
- Telephone, and
- E-mail address.
- Any profile information you choose to provide (avatar image, bio, social network links, etc.)
The LEGO Group is defined as LEGO System A/S as the Data Controller, and its subsidiaries as described on http://aboutus.lego.com/en-us/lego-group/.
By using the Platform you also agree to have your contributions with your name or username made available to the public through the Platform.
III. USER GENERATED CONTENT
The Platform invites you to submit your own ideas as suggestions for potential future LEGO products or improvements of existing products. The platform may also, from time to time, offer other activities you can do such as building Contests that have their own distinct set of guidelines and rewards.
We call both of these things User Generated Content (UGC). LEGO accepts creative work as product ideas and Contest entries provided it follows the respective guidelines:
- Ideas for new LEGO products, sometimes referred to as “Projects” or “Ideas,” are subject to the Project Guidelines and House Rules.
- Entries to specific Contests, sometimes referred to as “Contest Entries,” are subject to the respective Contest Guidelines.
- ALL user conduct on the platform is governed by these Terms of Service and the House Rules, found at the bottom of the Project Guidelines.
In exchange for use of the Platform, and to the extent that your contributions through use of the Platform give rise to any intellectual property right interest, hereunder copyright, patent rights, design rights etc., you hereby assign all rights worldwide to the content generated by you to LEGO, meaning that LEGO can use your contributions in any way and for any purpose, including to reproduce, manufacture, copy, adapt, modify, perform, display, publish, sell, broadcast, transmit, or communicate to the public by any means whether now known or unknown and distribute your contributions for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions.
Although you are assigning the rights above, you may continue to share and promote your work. Accordingly, LEGO grants each submitter a limited, revocable license to make use of their submitted Project or Contest Entry for any of the following non-commercial uses:
- Posting pictures or other information about a submitted Project or Contest Entry on the submitter’s own website or social media pages;
- Displaying a model based on a submitted Project or Contest Entry at a public event such as a LEGO fan convention;
- Permitting a photograph or other content or information about a submitted Project or Contest Entry to be published in a magazine or book, or in an online forum such as a fan website or a blog, provided that no compensation is paid to the submitter;
- Inclusion of pictures or other information or content about a submitted Project or Contest Entry in a portfolio of the submitter’s creative works;
- Using any of the above methods to gain support on the LEGO Ideas platform, or to promote the submitter’s skill and talent.
You may not sell any items, physical or digital, related to either the Projects or Contest Entries submitted to the platform. If we learn you are selling images, building instructions, custom kits, or anything related to ideas you have submitted to the platform, your materials may be deleted from the LEGO Ideas platform without further notice to you or (in some cases) we may need to pursue legal proceedings.
Should LEGO choose to no longer consider your submissions (whether as a Project or Contest Entry) such as by way of refusing your submissions to the site, deleting or archiving materials you have submitted, or denying your ideas, all rights assigned to LEGO above remain assigned to LEGO for a further period of three years from the date of deletion , and the limited, revocable license granted to the Project Owner above remains in effect for the same three year period.
You may choose to remove Project submissions from your LEGO Ideas profile, provided your project has less than 1,000 supporters at the time of your removal request. Projects with 1,000 supporters or more will not be removed. Should you choose to delete or remove your Projects from the Platform prior to approval from LEGO, all rights assigned to LEGO at the time you submitted the contributions, will remain assigned to LEGO for a period of three years from the date of deletion, and the limited, revocable license granted to the Project Owner above remains in effect for the same three year period.
All rights assigned to LEGO related to Contest entries remain assigned to LEGO indefinitely.
(ii.) Commercialization and Compensation for product ideas ("Projects")
LEGO chooses at its sole discretion whether to commercialize your Project through the Platform. We will inform you of our decision and anticipated time frame for the project. There may be external factors that delay the timing, such as license negotiations with IP holders. Also, you agree to furnish further requested personal information in a timely fashion including professional headshot and bio for giving you proper credit within the project collateral to meet production deadlines.
Should LEGO choose to commercialize your Project through the Platform, you will be compensated according to the Project Guidelines and House Rules in place at the time your project reaches 10,000 supporters. Compensation generated during a Calendar Quarter (January-March, April—June, July-September, October-December) will be paid to you 60 days after the end of the Calendar Quarter (June 1st, September 1st, December 1st, and March 1st), accompanied by a royalty report. You will not be compensated further unless dictated by mandatory rules.
You agree not to take advantage of the platform for commercial gain outside of the context of the platform. Therefore, you may not sell any items, physical or digital, related to content you have submitted and later delete or remove from the platform.
Reporting any compensation received, and paying any taxes due, to your home tax authorities are solely your responsibilities. LEGO System A/S is not responsible for and will not pay any taxes imposed by your home tax authorities. All payments made under this Agreement shall be free and clear of any and all taxes, duties, levies, fees or other charges, except for withholding Danish taxes.
Where any sum due to be paid to you is subject to any Danish withholding tax, you shall use all commercially reasonable efforts to do all such acts and things to provide LEGO with an applicable documentation (Certification of residence and Tax status concerning payment of Royalty form or other such documentation) evidencing your country of residency in order to enable you to take advantage of any applicable Double Taxation Agreement or Treaty. In the event there is no such applicable Double Taxation Agreement or Treaty, or if an applicable Double Taxation Agreement or Treaty reduces but does not eliminate such withholding tax, LEGO shall deduct any withholding taxes from payment and pay such withholding tax to the appropriate Danish government authority.
Should you fail to provide relevant documentation of residency in proper time before first payment from LEGO, LEGO is obliged by Danish law to withhold full Danish royalty tax regardless of any reduced tax rate in any applicable Double Taxation Agreement or Treaty. The full withheld Danish tax shall be deducted from payment to you. In such a case LEGO is not obliged to assist you with claiming back any excess Danish tax.
(iv.) Qualification Deadline for Projects
The Platform will impose an initial time limit of one year (365 days) on all Project submissions to receive the required number of supporters to be considered for commercialization. If a published Project idea reaches 1,000 supporters within that time, it will be granted an additional 6 months (182 days) to reach the next milestone. If a published Project reaches 5,000 supporters with time remaining, it will be again granted an additional 6 months (182 days) to qualify.
If your submission does not reach the required number of supporters within the time limits as stated above, your Project will “expire;” the Project will no longer accept supporters and it will automatically go into an archived state. After your submission expires (but not before), you are welcome to re-submit your Project idea and attempt again to qualify within the one year time limit.
IV. INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
If you believe that any Content on the Platform infringes your intellectual property rights, you as the rights holder or an agent thereof may either flag the content using reporting features within the site’s user interface or submit an intellectual property right Complaint pursuant to the intellectual property right Complaint Form.
We appreciate your cooperation in providing an English translation of your report to our intellectual property right agent. Please include the information below in writing.
- A signature (physical or electronic) from the owner or from a person authorized to act on behalf of the owner of the allegedly infringed Content or material.
- Direct link/ Uniform Resource Locator (URL) to the protected work on the Platform claimed to be infringing. Multiple protected work complaints are covered by a single notification by submitting a representative list of URLs from the Platform.
- Sufficient identification of the copyrighted work or other intellectual property that has allegedly been infringed.
- Contact information such as an address, telephone number, and, if available, an electronic mail to permit the service provider to contact you.
- A statement (i) that you have good faith belief that the Content is not authorized by the rights holder, its agent, or the law, and (ii) that the information provided in the notification is accurate, and under penalty of perjury, that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner.
Contact can also be made via postal mail or email: LEGO System A/S, Copyright LEGO Ideas, Aastvej 1, 7190 Billund, Denmark. Email: support.ideas@LEGO.com.
If you fail to comply with all of the requirements of this Section, you acknowledge that your intellectual property right Complaint form may not be valid and may therefore not be handled (whether fully or partially) by LEGO System A/S.
If we receive a intellectual property right Complaint form that complies with all the requirements, we reserve the right to refuse, to make private or to remove the Content. We reserve our rights to action against you if you misrepresent that a fair use of the Content constitutes infringement.
If your Content has been removed as a result of an intellectual property right Complaint as per the above and you believe it is not infringing, or believe you have the authorization from the rights holder, the rights holder’s agent, or pursuant to the law, to transmit and use the Content, you may send a counter-notice to us at support.ideas@LEGO.com containing the information below:
- Your physical or electronic signature.
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled.
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content.
- Your name, address, telephone number, and e-mail address and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If you fail to comply with all of the requirements of this Section, you acknowledge that your intellectual property right Counter-Notice form may not be valid and may therefore not be handled (whether fully or partially) by LEGO System A/S.
Please note that LEGO may send a copy of the counter-notice to the original complaining party which you hereby accept. The rights holder then has 14 business days to respond and unless the rights holder files an action seeking a court order against the Content provider, member or user, the removed Content may be accessible to the broader audience on the Platform, in 10 to 14 business days or more after receipt of the counter-notice, at LEGO’s sole discretion.
V. RULES OF CONDUCT
You agree not to do any of the following while accessing or using the Platform:
(i) transmit or facilitate the transmission of any User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, that may be invasive of another’s right of privacy or publicity, hateful, racially, ethnically or otherwise objectionable;
(ii) impersonate any person or entity, including but not limited to, a LEGO employee, moderator, representative or agent (or an official, employee, representative or agent of LEGO affiliates, licensors or licensees), message board leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
(iii) transmit or facilitate the transmission of any User Content that you do not have a right to transmit, under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
(iv) transmit or facilitate the transmission of any User Content that contains a virus, corrupted data, Trojan horse, bot, keystroke logger, worm, time bomb, cancelbot or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information;
(v) delete any author attributions, legal notices or proprietary designations or labels that are related to the Platform;
(vi) use the comment and discussion systems in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting (use of all caps), flooding (continuous posting of repetitive text);
(vii) transmit or facilitate the transmission of any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation;
(viii) intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation;
(ix) transmit or facilitate the transmission of any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(x) transmit or facilitate the transmission of any content to an e-mail address, messenger-feature address or other location that is not yours or to which you do not have the expressly authorized right to use without securing the prior authorization of such other person or entity;
(xi) harass, stalk, or threaten any other users in the Platform;
(xii) participate in any action within the Platform which, in the sole judgment of LEGO, exploits or abuses an undocumented aspect of the Platform in order to obtain an unfair advantage over other users of the Platform;
(xiii) participate in any action within the Platform which, in the sole judgment of LEGO, defrauds another user including, but not limited to, by scamming or social engineering;
(xiv) access or attempt to access any areas within the Platform that have not been made available to users;
(xv) register for or hold multiple accounts on the Platform simultaneously;
(xvi) circumvent or attempt to circumvent disciplinary measures taken against your account, including registering for or using a new account on the Platform after being suspended or banned.
LEGO retains the right to suspend, terminate, or otherwise sanction your Platform membership if you violate these Rules of Conduct, as well as to take any other action required or permitted under any applicable laws.
VI. TITLE, COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
All title, ownership, rights, and intellectual property rights in and to the Platform shall remain with LEGO. All rights not expressly granted to you in this Agreement are reserved to LEGO. The Platform is protected by national copyright laws and international copyright treaties.
You may not copy or download any content from the Platform unless you are expressly authorized to do so.
You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to content. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of Content. LEGO reserves all rights in owned and licensed content that are not expressly granted to you in these Terms of Service.
Making unauthorized copies of content found in the Platform may result in the termination of your Account, prohibition to use this software and further legal action.
VII. LIMITED WARRANTY:
THE PLATFORM IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY OTHER APPLICABLE STATUTORY WARRANTIES (TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW). THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM IS WITH YOU. SHOULD THE PLATFORM PROVE DEFECTIVE, YOU (AND NOT LEGO OR AN AUTHORISED LEGO DEALER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY STATE OR COUNTRY.
LEGO does not warrant that the functionality provided by the programs based on the Platform will meet your requirements or that the operation of said programs will be uninterrupted or error free.
VIII. LIMITATION OF REMEDIES:
IN NO EVENT WILL LEGO BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST SAVINGS OR OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH PLATFORM EVEN IF LEGO OR AN AUTHORISED LEGO DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
SOME COUNTRIES OR STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
These Terms of Service and your right to use the Platform shall terminate automatically if you fail to comply with the provisions of these Terms of Service. No notice shall be required from LEGO to effectuate such termination.
LEGO may, at its sole discretion, remove or block any hosted Content (including, but not limited to user comments, data, information, graphics, photographs, images, illustrations, and video clips) from the Platform without prior notice or liability for any reason whatsoever. LEGO reserves the right to take legal or technical steps to ban any user from the Platform without prior notice or liability, if this user is believed to be violating the Terms including the LEGO Ideas Project Guidelines and House Rules.
If you wish to terminate your profile on LEGO Ideas, please contact our Support team at support.ideas@LEGO.com. Note this does not delete your LEGO ID, just your LEGO Ideas profile. If you wish to delete your LEGO ID follow the instructions in the LEGO ID FAQ.
The LEGO Group reserves the right to limit or terminate the Services made available via the Website at any time without notice.
X. GOVERNING LAW:
These Terms of Service will be governed by Danish law.
You acknowledge that the export of the Platform is governed by the export control laws of the United States of America and other countries. If you are downloading the Platform, you represent and warrant that you are not located in or under the control of any country which the export laws and regulations of such country or of the U.S.A. prohibit the exportation of the Platform to. Finally, if you are a unit of the United States Government, you acknowledge that the Platform is provided as “commercial computer Platform” under terms of this Agreement, and that use, duplication, or disclosure of any Platform or any related Manual shall be subject to 48 C.F.R. 2.101 (OCT 1995), consisting of “commercial computer Platform” and “commercial computer Platform Manual” as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7204-4 (JUNE 1995), or any successor regulations, a licensee shall be provided the licensed Platform pursuant to the terms and conditions herein.
XI. CUSTOMER SERVICE AND IN-PLATFORM SUPPORT
The Platform uses Uservoice as the portal of choice for customer service and support. Contact the LEGO Ideas team through the “Help” link on the bottom of every web page. This link leads you to the Help Guides, which contains answers to frequent questions and the ability to contact support.
XII. INTERRUPTION OF SERVICE
LEGO reserves the right to interrupt the Platform from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. You agree that LEGO will not be liable for any interruption of the Platform, delay or failure to perform resulting from any causes whatsoever.
You acknowledge that the Platform may be interrupted for reasons beyond the control of LEGO, and LEGO cannot guarantee that you will be able to access the Platform or your Account whenever you may wish to do so. LEGO shall not be liable for any interruption of the Platform, delay or failure to perform resulting from any causes whatsoever.
LEGO has the right at any time with or without reason to change and/or eliminate any aspect(s) of the Platform as it sees fit in its sole discretion.
XIII. UPDATES TO THESE TERMS:
LEGO reserves the right to update these terms without notice at any time. While we will make all reasonable efforts to notify you of major changes, your continued use of the platform constitutes your acceptance of the current Terms of Service.
XIV. ENTIRE AGREEMENT:
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS.YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
Please note that all persons under the age of majority in their jurisdiction are required to have a parent or guardian read and accept these Terms of Service on their behalf.
These Terms of Service may not be modified except in writing duly signed by an authorized representative of LEGO and you.
Please note that the Platform is an online Platform and requires internet access. In the event of internet failure, some Platform data could be lost. LEGO will try its best to resume the lost data, Platform stats, Platform scores and User Generated Content. LEGO can, however, not be held liable for such internet failures.
LEGO, the LEGO logo and the Minifigure are trademarks of the LEGO Group. ©2017 The LEGO Group. All rights reserved.