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TERMS AND CONDITIONS
OF WEBSITE USE
Updated June 2008.
This
Website is provided by Mattel, Inc., and its affiliates and subsidiaries
(collectively, "Mattel" and "we"). Your use of this Website
is subject to these Terms and Conditions of Website Use (the "User
Agreement"). Please read this User Agreement and the other information
referred or linked to in this User Agreement carefully and be
sure you understand it, since it is a legally binding agreement that contains
important information about our Website and your permitted use of it. From time
to time we may unilaterally modify this User Agreement, so it is important that
you review this User Agreement every time you use this Website.
PLEASE NOTE: YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND
BY AND COMPLY WITH ALL OF THE TERMS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE
TO ALL OF THE TERMS OF THIS USER AGREEMENT, THEN YOU MAY NOT USE THIS WEBSITE.
1. Right to Use this Website
Mattel grants you a limited, non-exclusive, revocable license for you to use
this Website for your personal entertainment, information, education, and
communication, upon all of the terms of this User Agreement. This Website
contains materials and other items relating to Mattel and its products and
services, and similar items from our business partners, licensors, and
licensees, and other third parties (collectively, the "Content").
The Content may be in the form of information, text, data, images, graphics,
button icons, registered and unregistered trademarks, illustrations,
photographs, audio clips, music, sounds, pictures, videos, software, or other
forms and formats now known or later invented. In using this Website, you must
respect the intellectual property rights of Mattel and others, all as outlined
below. Your unauthorized use of Content may violate copyright, trademark,
privacy, publicity, communications, and other laws, and any such use may result
in your personal liability, including potential criminal liability.
2. Copyrights
All Content is copyrighted, and it is either owned or used with permission by
Mattel. Mattel disclaims any representation or warranty that your unauthorized
use of Content will not infringe upon rights of third parties not owned by or
affiliated with Mattel.
Except as set forth in this User Agreement or in the text of this Website,
you may not reproduce, distribute, publish, transmit, modify, adapt, translate,
display, distribute, sell, license, publicly perform, prepare derivative works
based upon, or otherwise use or exploit the Content. You may download one copy
of portions of the Content in temporary storage on one personal computer for
your personal, non-commercial, non-political, non-networked viewing and use
only, provided you do not delete or change any copyright, trademark, or other
proprietary notices. The foregoing limited right does not give you any
ownership of any Content. Except as expressly provided above, nothing contained
in this User Agreement may be construed as conferring to you (by implication,
estoppel, or otherwise) any license or right to any Content under any copyright
or any other intellectual property right.
Mattel respects the intellectual property rights of others. If you believe
that your work has been infringed by means of an improper posting or distribution
of it via this Website, then please see the paragraph
below entitled Procedure for Alleging Copyright Infringement.
3. Trademarks
The trademarks, logos, and service marks displayed on this Website are owned by
Mattel and third parties, and this Website's trade dress is owned by Mattel
(collectively, the "Trademarks", which also constitute
Content). All Trademarks not owned by Mattel are the property of their respective
owners, and are used with permission. Nothing contained on this Website may be
construed as granting, by implication, estoppel, or otherwise, any right or
license to use any Trademark.
4. Your Communications to Mattel; Mattel Rights to Your Submissions
Mattel likes to hear from you. However, in your communications with Mattel,
please keep in mind that, unless it specifically requests them, Mattel does not
accept or consider any ideas or suggestions relating to products, services,
marketing plans, or any other matters. Therefore, please do not send to
Mattel any unsolicited materials, such as ideas for toys, games, or other
products, or any other suggestions, ideas, notes, drawings, inventions,
techniques, models, designs, concepts, or other similar information, materials
or user-generated content.
Any such submissions and any questions, comments, answers, suggestions, or
the like submitted by you to Mattel via this Website or by fax, mail, or
otherwise, or transmitted, posted, or uploaded by you to this Website
(collectively, "Your Submissions") will be treated as
non-confidential and nonproprietary, and Mattel will not assume any
responsibility, obligation, or liability for them or for Mattel's receipt or
non-receipt of them. Mattel's receipt of Your Submissions is not an admission
by Mattel of their novelty, priority, or originality, and it does not impair
Mattel's right to contest existing or future intellectual property rights
relating to Your Submissions.
You grant Mattel a non-exclusive, royalty-free, perpetual, irrevocable, and
sublicensable right and license to reproduce, distribute, publish, transmit,
modify, adapt, translate, display, distribute, sell, license, publicly perform,
prepare derivative works based upon, and otherwise use or exploit Your
Submissions throughout the world in any and all media. You represent and
warrant that: (a) you have the right and authorization to make the foregoing
grant without the consent of any third party, and (b) Your Submissions are
accurate and, as permitted to be used by Mattel in this User Agreement, do not
and will not infringe any right of any third party.
When you send e-mail to us, you are communicating with us electronically and
you consent to receive communications from us electronically. Furthermore, you
agree that all agreements, notices, disclosures, and other communications that
we provide to you electronically satisfy any legal requirement that such
communications be in writing.
5. Online Shopping
This Website and other Mattel websites may offer online capabilities to
purchase products (such as toys) and services (such as memberships). You must
be 18 years of age or older to make any such purchases. Check our online stores
for more information on delivery, returns, and other sales policies. As to
products and services featured on this Website, please note that we make every
effort to display as accurately as possible the products and services that
appear on this Website. However, the colors, dimensions, and details that you
see on your computer monitor will vary depending on your equipment, so we
cannot guarantee that your equipment will accurately display the details of our
products and services. As to services featured on this Website, the terms of
those service offerings may be specified in a separate agreement that will be
provided to you in connection with the service purchased and will be
supplemented by this User Agreement.
A. No Purchases by
Minors
By ordering a product or service online from Mattel, you represent that you are
18 years of age or older. If a child under the age of 18 orders a product or
service from Mattel without parental or guardian permission, then the parent or
guardian may return the product or service for a refund according to the posted
returns and exchanges policy that relate to that order.
B. Taxes
You are responsible for paying all sales, use, and other similar taxes relating
to any of your online purchases of products or services from Mattel.
C. Shipping and Processing;
Insurance
You are also responsible for paying all shipping and processing
charges relating to your online purchases (including any product offered with a
service), and for insuring your purchases.
D. Returns and
Warranties
Please review the information available at our online stores regarding our
return policies and warranty information.
6. Use Restrictions
You agree that you will not: (a) use this Website for any commercial or
political purpose (including, without limitation, for purposes of advertising,
soliciting funds, collecting product prices, or selling products); (b) monitor,
gather, or copy Content on this Website by using any robot, "bot",
spider, crawler, spyware, engine, device, software, extraction tool, or any
other automatic device, utility, or manual process of any kind; (c) frame or
utilize framing techniques to enclose any Trademark or other proprietary
information (including, without limitation, any images, text, or page layout);
(d) use any meta tags or any other "hidden text" utilizing any
Trademarks; (e) engage in any activities through or in connection with this
Website that seek to attempt to harm minors or are unlawful, offensive,
obscene, threatening, harassing, or abusive, or that violate any right of any
third party; or (f) engage in any activity that interferes with a user's access
to this Website or the proper operation of this Website. You also agree that,
in using this Website, you will not impersonate any person or entity.
7. Community Areas; Code of Conduct
Mattel may elect to offer community features on this Website, such as message
or bulletin boards, forums, and chat rooms. In such events, Mattel will not
assume any obligation to monitor, filter, censor, edit, or regulate information
or content provided by you or third parties on this Website, although Mattel
reserves the right to do so in its sole discretion. Mattel does not endorse,
warrant the accuracy or reliability of, or assume any liability in connection
with any such information or content provided by users or other third parties.
As to any information or content that you upload or post to this Website,
you represent and warrant to Mattel that you have the right and authorization
to do so without the consent of any third party. You also agree not to upload
or post to this Website: (a) infringing, defamatory, obscene, pornographic,
threatening, abusive, violent, illegal, rude, harassing, or otherwise improper
content, (b) viruses or other harmful items, or (c) content with a commercial
purpose (such as offers to sell products or services or attempts to solicit
funds or advertise products or services).
Mattel reserves the right, in its sole discretion, to adopt additional rules
in any community area and to condition access to any such community features by
any individual or group in accordance with age, geographic, or other criteria,
to deny or restrict access by any individual or group who fails to meet that
criteria or by anyone who fails to comply with our criteria or rules at any
time, and to change or modify the criteria or rules at any time. Mattel also
reserves the right (but does not assume any obligation), in its sole
discretion, to delete any postings on this Website that violate this User
Agreement and to deny access by any user to this Website.
8. Investigations; Cooperation with Law Enforcement; Termination
Mattel reserves the right, without any limitation whatsoever, to: (a)
investigate any suspected breaches of its Website security or its information
technology or other systems or networks, (b) investigate any suspected breaches
of this User Agreement, (c) involve and cooperate with law enforcement
authorities in investigating any such matters, (d) prosecute violators of this
User Agreement to the full extent of the law, and (e) discontinue this Website
or terminate your access to it at any time, without notice, for any reason and
without any obligation to you whatsoever.
9. Privacy and Security Measures
Mattel must collect certain information in order to operate this Website and to
fulfill your requests or enable participation in certain online activities. But
Mattel respects the privacy of its visitors, and is especially mindful of
protecting the privacy of young children visiting our sites. Please click here
to review our Privacy Policy.
We have adopted reasonable security measures to protect against the loss,
misuse, and alteration of the personal information under our control. We use
Secure Sockets Layer technology to protect credit card data during
transmission, and adopt careful internal procedures to safeguard this
information in our system. Vendors, service providers, and others who help us
make this Website and our products and services available must sign
confidentiality agreements; they are not permitted to use personal information
except in connection with their services to Mattel and must agree to adhere to
industry-accepted best practices to safeguard personal information. Nevertheless, we cannot guarantee
complete security of personal information.
10. Disclaimers and Limitations of Liability
This Website may include technical inaccuracies or other errors, and your use
and browsing of this Website is at your risk. THIS WEBSITE IS PROVIDED TO YOU
"AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. MATTEL DOES NOT WARRANT THAT THIS WEBSITE WILL MEET YOUR
REQUIREMENTS OR ACHIEVE A PARTICULAR RESULT, OR THAT YOUR USE OF THIS WEBSITE
WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEBSITE OR THE SERVER THAT
MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOUR USE OF THIS WEBSITE OR THE MATERIAL CONTAINED ON THIS
WEBSITE RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL,
EQUIPMENT, DATA, OR OTHER ITEM, THEN MATTEL WILL NOT BE LIABLE FOR THOSE COSTS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING SENTENCES, MATTEL WILL NOT BE
LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES
ARISING OUT OF YOUR USE OF THIS WEBSITE. THE DISCLAIMERS AND LIMITATIONS
CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE
THIS WEBSITE TO YOU. Please note that some jurisdictions may not allow the
exclusion of implied warranties, so some of the above exclusions may not apply
to you.
Residents of California
are entitled to the following specific consumer rights information: you may
contact the Complaint Assistance Unit of the Division of Consumer Services of
the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento,
California, 95814,
or by telephone at 916.445.1254. California residents expressly agree to waive
California Civil Code Sec. 1542, which states: "A general release does not
extend the claims which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which if known by him must have
materially affected his settlement with the debtor."
11. Links by You to this Website
You are granted a limited, non-exclusive, revocable right to create hyperlinks
to this Website, so long as: (a) the links are only to the home page of this
Website, (b) the links only incorporate text, and do not use any Trademark graphics,
(c) the links and related content on your site do not suggest any affiliation
with Mattel or cause confusion among consumers, (d) the links and related
content on your site do not portray Mattel or its products or services in a
false, misleading, derogatory, or otherwise offensive matter, and (e) the links
and related content on your site are not operated for any commercial purposes.
12. Links on this Website to and from Other Sites
This Website may contain links to or from third-party sites ("Linked
Sites"), including, without limitation, sites operated by advertisers,
licensors, licensees, and promotional and business partners of Mattel. Mattel
has no control over the content of Linked Sites, and Mattel does not assume any
obligation to review any Linked Sites. Mattel does not endorse, approve, or
sponsor any Linked Sites, or any content, advertising, information, materials,
products, services, or other items on or available on or from them, and Mattel
disclaims all liability in connection therewith. We require service providers
and trusted vendors who operate websites on our behalf to safeguard the privacy
of any personal information they handle, adhere to industry-accepted best
practices to safeguard personal information, respect our intellectual property
rights and the rights of third parties, and operate in accordance with all
applicable requirements. Any
activities you engage in connection with any Linked Site, however, are subject
to the privacy policy, conditions of use, and other terms imposed by the
operator of the Linked Site and Mattel disclaims all liability in connection
therewith.
13. Banners, Advertisements, and Promotions
We reserve the right to post banners, advertisements, promotions, and similar
content throughout this Website. Third-party advertisers and firms that
serve ads may operate under terms and conditions and privacy policies that
differ from Mattel’s policies, so please review them carefully. Any interactions, correspondence, and
business dealings that you have with any advertisers and other third parties
found on or through this Website (including via Linked Sites) are solely
between you and the third party (including, without limitation, issues related
to the content of third party advertisements, payments, delivery of goods,
warranties, privacy and data security and the like). Mattel disclaims all
liability in connection with therewith.
14. Procedure for Alleging Copyright Infringement
Mattel will respond appropriately to notices of alleged copyright infringement that
comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as
set forth below. If you own copyrights in a work and believe that your
intellectual property rights in that work have been infringed by an improper
posting or distribution of it via this Website, then send us a written notice
that includes all of the following:
- (i) a legend or subject line that
says: "DMCA Copyright Infringement Notice";
- (ii) a description of the copyrighted
work that you claim has been infringed;
- (iii) the URL of the site and a
description of where the material that you claim is infringing is located
on that site;
- (iv) your address, telephone number,
and e-mail address;
- (v) a statement by you that you have a
good faith belief that the alleged infringing material is not authorized
by the copyright owner, its agent, or the law;
- (vi) a statement by you, made under
penalty of perjury, that all the information in your notice is accurate,
and that you are the copyright owner (or, if you are not the copyright
owner, then your statement must indicate that you are authorized to act on
the behalf of the owner of an exclusive right that is allegedly
infringed); and,
- (vii) your
electronic or physical signature.
Mattel
will only receive DMCA notices by mail, e-mail, or facsimile at the addresses
below:
By Mail: Mattel, Inc.
333 Continental Boulevard
El Segundo, California
90245-5012
Attention: Vice President, Legal and Business Affairs
By E-Mail: CopyrightInfringementNotice@Mattel.com
By Facsimile: 310 252-2567.
Mattel may elect to not respond to DMCA notices that do not comply with all of
the foregoing requirements, and Mattel may elect to remove allegedly infringing
material that comes to its attention via notices that do not comply with the
DMCA. If you have additional questions you may telephone Mattel at
310.252.2000.
15. General Provisions
A. Indemnity
You agree to indemnify, defend, and hold harmless Mattel (which includes
Mattel's affiliates and subsidiaries) and its officers, employees, agents,
business partners, licensors, and licensees from any damages, liabilities,
costs, and expenses (including reasonable attorneys' fees) on account of any
claim, suit, action, demand, or proceeding made or brought against any such
party, or on account of the investigation, defense, or settlement thereof,
arising in connection with your use of this Website.
B. Revisions to this
Website and this User Agreement
Mattel may, in its sole discretion, make changes to any aspect of this Website,
including, without limitation, any Content, any activities available on this
Website, and any products or services offered through this Website. Mattel may
also, in its sole discretion, revise this User Agreement by updating or
revising this document, with the revised terms taking effect as of the date of
its posting. Continued use of this Website following the effective date of any
such changes constitutes your acceptance of those changes.
C. Operation of
Website; Availability of Products and Services
Mattel controls and operates this Website from its headquarters in El Segundo, California in
the United States of America,
and Mattel makes no representation that this Website is appropriate or
available for use beyond the United
States of America. If you use this Website
from other locations, you are responsible for compliance with applicable local
laws. Although Mattel products and services are available in many parts of the
world, this Website may describe products and services that are available only
in the United States of
America (or only parts of it) and are not
available worldwide.
D. Jurisdiction, Venue,
and Alternative Dispute Resolution
Any controversy or claim relating to this Website, the Content, or this User
Agreement not otherwise resolved between you and Mattel will be settled solely
by binding arbitration in accordance with the Commercial Arbitration Rules of
the American Arbitration Association ("AAA"), administered in
accordance with the AAA's Supplementary Procedures for Consumer-Related
Disputes. Any such controversy or claim will be arbitrated on an individual
basis, and will not be consolidated in any arbitration with any claim or
controversy of any other party. The arbitration will be conducted in Los Angeles, California,
and judgment on the arbitration award may be entered into any court having
jurisdiction of it. Any claim or cause of action that you may have with respect
to this Website, the Content, or this User Agreement must be commenced within
one year after the claim or cause of action arises or it will be forever
barred. Any action or proceeding by Mattel relating to your access to, or use
of, this Website or any Content in accordance with this paragraph will be
instituted in state or federal court in Los
Angeles County, California.
Accordingly, you consent to the personal jurisdiction of the courts in Los Angeles County, California
with respect to all matters relating to your access to or use of this Website
and the Content and waive your rights to removal or consent to removal. This
User Agreement will be governed by and construed in accordance with the laws of
the State of California,
without regard to its conflicts of law provisions. The foregoing provisions of
this paragraph will not apply to any legal action taken by Mattel to recover
damages for, or seek an injunction in connection with, any loss, cost, or
damage (or any potential loss, cost, or damage) relating to this Website, any
Content, Mattel's operations, and/or Mattel's products or services caused by your
act or failure to act.
E.
Severability
If any provision of this User Agreement is deemed unlawful, void, or
unenforceable for any reason, then that provision will be deemed severable from
the remainder of this User Agreement and will not affect the validity or
enforceability of the remainder of this User Agreement.
© 2008 Mattel, Inc. All Rights Reserved.
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