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Updated June 2007
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




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.




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.




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.




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
or materials.
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.




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.



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.




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.




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.



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. Nevertheless,
we cannot guarantee complete security of personal information.


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.”


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.


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.
Any activities you engage in connection with a Linked Site is 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.


We reserve the right to post banners, advertisements, promotions, and
similar content throughout this Website. 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, and the like). Mattel disclaims all liability
in connection with therewith.


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.


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.
Mattel, Inc. Privacy Policy
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