BarbieCollector.comSM
BarbieSM Fan Club Membership Agreement
Updated January 2009.
Welcome
to Mattel, Inc.'s BarbieCollector.comSM BarbieSM Fan
Club ("BFC") and related services ("Services"). Mattel,
Inc. and its affiliates ("Mattel" or "we" or
"us") provide membership in the BFC to you subject to this
BarbieCollector.comSM
BarbieSM Fan Club Membership Agreement
("BFC Membership Agreement") and the BarbieCollector.comSM Member Service Agreement (hereafter
called the "BC Agreement"). You must become a
registered member of BarbieCollector.comSM ("BC") pursuant to the BC Agreement before you
may become a member of the BFC. If there is a conflict between the provisions
of the BC Agreement and this BFC Membership Agreement, the terms of this BFC
Membership Agreement will prevail. On any area where this Agreement is silent,
the terms of the BC Agreement will prevail. We urge you to
again review the terms of the BC Agreement as well as this BFC Membership
Agreement before joining the BFC.
It's
critical that you read this entire BFC Membership Agreement in its entirety
before purchasing a membership in the BFC. It contains important information
that addresses prohibited conduct. It outlines economic and other obligations
that you agree to assume each time you participate in the BFC. And it
highlights certain rights that we reserve so that we can ensure that your
membership in the BFC will be an enjoyable Internet experience and so that we
can remain a responsible member of the Internet community. If that's not
compelling enough, you should know that, once
you have purchased a membership, this BFC Membership Agreement becomes a
legally binding document.
Once
you read this entire BFC Membership Agreement, if you agree to all of its
terms, then type the words "I accept" where indicated below. After
you "accept" the terms of the BFC Membership Agreement, you may
proceed with your purchase of a membership in the BFC. You'll be bound by both
the BC Agreement and this BFC Membership Agreement whenever you participate in
the BFC. It's your responsibility to read this BFC Membership Agreement and
keep apprised of any changes to it. We may update or modify this BFC Membership
Agreement at our sole discretion from time to time without prior notice to you.
The updates and modifications may appear in connection with a change in BFC
features. The updates and modifications will be binding on you from the time
that we post them. We encourage you to review the most current version of this
BFC Membership Agreement on our site on a regular basis. Any updates and
modifications that we make to this BFC Membership Agreement will be binding on
you even if you choose not to read them. If you don't accept the BC Agreement
or this BFC Membership Agreement, then you can't become a member of the BFC.
1. The BarbieCollector.comSM BarbieSM Fan Club
The
BFC includes several features, and they may vary from time to time in our sole
discretion. To learn more about the BFC and its features, please see our 2009
BarbieCollector.comSM
BarbieSM Fan Club FAQs, which are incorporated
herein by this reference and are a material part of this BFC Membership
Agreement. Unless we expressly tell you otherwise, any new features that we
provide to modify, supplement, or improve the BFC will be subject to this BFC
Membership Agreement and any other terms and conditions that we may announce.
BFC benefits vary from year to year, and benefits offered in a prior year may
not be provided in later years. As with BC, we merely provide the Service and
the BFC; you must obtain and maintain at your sole cost all other services and
items for you to use and enjoy the Service and the BFC, including, without
limitation, access to the World Wide Web. Your membership in the BFC and use of
BFC section of the BC site is also subject to the general Terms and Conditions
that apply to all visitors to the BC site. For more information, please see our
General Website Terms and Conditions.
2. Eligibility
Membership
in the BFC is offered worldwide (except as provided below) to persons who are
at least 18 years old on or before the date that he or she registers for the
BFC. You also must have a valid credit card at the time you sign up for the
BFC. If you are a resident of Cuba,
Iran, North Korea or Sudan ("Prohibited
Countries"), you are ineligible and may not become a member of the BFC.
The countries included as Prohibited Countries may be modified by Mattel in its
sole discretion. By joining the BFC, you represent and warrant that you meet
all eligibility requirements.
3. Membership Address and Shipping
The
address that you include in your BFC registration may be anywhere in the world
except the Prohibited Countries. We only ship physical items to addresses
within one of the 50 United States, the District of Columbia, and territories
of the United States or Canada ("Eligible Shipping Addresses");
however, you, at your sole cost and sole risk, may engage a third party shipper
located at an Eligible Shipping Address to receive and forward physical items
shipped by us, provided that the third party shipper does not forward the items
to a Prohibited Country. If you do not either have a shipping address that is
an Eligible Shipping Address or engage a third party shipper located at an
Eligible Shipping Address, you may still become a member of the BFC but we will
be unable to ship physical items to you and you forfeit all BFC membership
benefits associated with the shipping restriction. You are responsible for any
applicable taxes and duties on all items and services purchased by you.
4. Membership Limitations
Membership
is limited to one per BarbieCollector.comSM registered member and not more than two per household.
You are prohibited from becoming a member under more than one name or at more
than one address. If we determine or suspect, in our sole discretion, that you
have exceeded these limitations, we may, among other things, terminate your
membership without refund, reimbursement, or credit of your Membership Fees (as
defined in Section 7). Your membership is personal to you, and you may not
sell, give, or otherwise transfer your membership to anyone else.
5. Membership for Calendar Years Only
Your
membership in the BFC commences on the day that you complete the BFC
registration process that is required to become a member or renew an existing
membership (including Mattel's receipt of applicable Membership Fees).
Regardless of when during the calendar year that you become a member, your
membership will automatically expire on December 31 of the year
("Term") in which you sign up or renew, unless terminated earlier
pursuant to this BFC Membership Agreement. We reserve the right to extend your
membership beyond the Term.
6. Registration
You
must provide Mattel with accurate, complete, and updated complete information
(the "Registration Information") on our online registration form. If
you provide us with any Registration Information or other information that
isn't truthful, complete, or up-to-date, or if we have grounds to suspect that
any of it isn't truthful, complete, or up-to-date, then we may suspend,
terminate, or take any other legal action with respect to your account. You may
not: (a) select a username of another person with the intent to impersonate
that person; (b) use a name subject to the rights of any other party without
their authorization; or (c) use a username that Mattel, in its sole discretion,
deems inappropriate, vulgar, or offensive.
7. Fees and Payments
You
agree to pay the membership fees and any other charges incurred in connection
with your username and password for the BFC (including any applicable taxes)
("Membership Fees") at the rates in effect when the charges were
incurred. Coupons and promotions offered at BarbieCollector.comSM do not apply to BFC membership fees or
any of the online exclusive dolls or products. We will immediately bill all
charges for the BFC to your credit card. You warrant that your use of the
particular credit card is authorized and legally permitted and that all
information that you submit is true and accurate (including, without
limitation, your credit card number, expiration date, and billing address). All
fees and charges are nonrefundable. We may change the fees, taxes, and charges
then in effect, or add new fees or charges, by giving you notice in advance.
You are responsible for all fees and other charges that you may incur in
connection with your use and enjoyment of the BFC.
8. Username and Password; Liability for Activities
You
are responsible for maintaining the confidentiality of your username and
password and are solely responsible for all activities (including purchases)
that occur under your username and password. You agree to: (a) immediately
notify us at info@BarbieCollector.com of any known or
suspected unauthorized use of your membership account, or any known or
suspected breach of security, including loss, theft, or unauthorized disclosure
of your username or password, and (b) ensure that you exit from the BFC at the
end of each session. We reserve the right to refuse membership to the BFC to
you or any third party.
9. Prohibited Use of BFC Content
Any
unauthorized copying duplication or distribution of any content appearing in or
in connection with the BFC, whether originating from us or any third party
("BFC Content"), including, without limitation, content that is
modified, merged, or included with BFC Content is expressly prohibited. You
agree not to, in whole or in part, copy, duplicate, create derivative works
based on, modify, sell, distribute, lease, loan, rent, repost, grant a security
interest in, reverse engineer, or otherwise use the BFC Content; any attempt to
do so may result in, among other things, the immediate termination of your
membership, without refund, reimbursement, or credit of your Membership Fees.
10. Prohibition Against Pre-Selling
Mattel Online Exclusive Products
Pre-selling
(defined below) a Mattel online exclusive item (i.e. an item that Mattel sells
exclusively online), including items that may be obtained with or without
Mattel's permission, is expressly prohibited. "Pre-selling" means
listing or advertising (either directly or through a third party) a Mattel
online exclusive item prior to the date that Mattel delivers the product to
you. You agree not to participate in any way in such an activity; any attempt
to do so may result in, among other things, the immediate termination of your
membership, without refund, reimbursement, or credit of your Membership Fees.
11. Release and Indemnity
You
agree to release, indemnify, and hold us and our affiliates harmless from all
liabilities, losses, damages, costs, and expenses (including 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 membership in the BFC, your
use of the Services, and/or your violation of this BFC Membership Agreement.
12. Absolute Right to Suspend or Terminate Your Membership in the
BFC
You
may terminate this BFC Membership Agreement and your right to use the BFC and
its features at any time by sending an email to info@BarbieCollector.com.
Although you may terminate your right to use the features of the BFC, your
membership may not be cancelled (it may only expire), and you will not be
entitled to any refund, reimbursement, or credit of your Membership Fees. You
agree that we, in our sole discretion, may suspend or terminate your username,
password, membership (or any part thereof) in the BFC, and your use of any or
all of the features of the BFC, if we believe in our sole discretion that you
have violated this BFC Membership Agreement or the BC Agreement, all without
notice or liability to you or anyone else. You agree that any termination of
your access to the BFC under any provision of this BFC Membership Agreement may
be effected without prior notice. You also agree that we may immediately
deactivate or delete your account and all related information and files in your
account and/or bar any further access to such files or the BFC. Further, you
agree that we will not be liable to you or any third party for any termination
of your access to the BFC. Any fraudulent, abusive, or otherwise illegal
activity (including without limitation, inclusion or placement on any denied
parties, specially designated nationals, blocked persons, or restricted parties
list provided by any U.S.
or foreign governmental entity or agency)may be
grounds for termination of your membership, at our sole discretion, and you may
be reported to appropriate law-enforcement agencies. If Mattel terminates your
membership for any reason, you will not be entitled to a refund, reimbursement,
or credit of any Membership Fees.
13. Absolute Right to Remove or Discard User Content
All
information, data, text, software, music, sound, photographs, graphics, video,
messages, statements, opinions, and other information or materials that you
find at the BFC and that does not originate directly from Mattel, whether
publicly posted or privately transmitted, is referred to as the "User
Content." We may, in our sole discretion and at any time, remove any User
Content within the BFC, or any part thereof, with or without notice and without
any obligation to you, including a refund, reimbursement, or credit of any
Membership Fees.
14. Absolute Right to Terminate the BFC, BFC Features, and BFC
Content
We
may, in our sole discretion, decide to not offer the BFC after December 31 of
the year that you became a member or to renew your membership. We may also, in
our sole discretion and at any time, remove any BFC feature or item of BFC
Content, or any part thereof, with or without notice and without any obligation
to you, including a refund, reimbursement, or credit of any Membership Fees.
15. Mattel's Proprietary Rights
You
acknowledge and agree that the BC site (including the BFC) and any necessary
software used in connection with the BC site or the BFC ("Software"),
which is a part of the BFC Content, contain proprietary and confidential information
that is protected by applicable intellectual property and other laws. You
further acknowledge and agree that content contained in sponsor advertisements
or information presented to you through the BFC or advertisers, which is also a
part of the BFC Content, is protected by intellectual property and other laws.
Except as expressly authorized by us or our advertisers, you agree not to
modify, rent, lease, loan, sell, distribute, or create derivative works based
in whole or in part on the BFC Content. Mattel grants you a personal,
non-transferable, and non-exclusive right and license to use the object code of
its Software on a single computer; provided that you do not, and do not allow
any third party to, copy, modify, create a derivative work of, reverse
engineer, reverse assemble, or otherwise attempt to discover any source code,
sell, assign, sublicense, grant a security interest in, or otherwise transfer
any right in the Software. You agree not to modify the Software in any manner
or form, or to use modified versions of the Software, including, without
limitation, for the purpose of obtaining unauthorized access to the BFC. You
agree not to access the BFC by any means other than through the interface that
is provided by Mattel for use in accessing the BFC. If you do not comply with
this provision, Mattel reserves the right to terminate your membership in the
BFC without refund, reimbursement, or credit of any Membership Fees.
16. Limitation of Liability to Amount Paid by You
WE
WON'T AND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE'VE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) ANY USE
OR INABILITY TO USE THE SERVICE INCLUDING, WITHOUT LIMITATION, SERVICE
DISRUPTION ARISING FROM TECHNICAL OR ANY OTHER CAUSE; (B) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT ON
THE SERVICES OF ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY MODERATOR
WHO IS NOT EMPLOYED BY MATTEL); OR (E) ANY OTHER MATTER RELATING TO THE SERVICE
OR ANY THIRD PARTY RESOURCES, THIRD PARTY MATERIALS, OR THIRD PARTIES. IF WE
ARE ADJUDGED TO BE LIABLE BY A COURT OF COMPETENT JURISDICTION TO YOU FOR ANY
REASON WHATSOEVER, YOU AGREE AND UNDERSTAND THAT YOU MAY NOT RECOVER DAMAGES IN
EXCESS OF THE AMOUNT OF MEMBERSHIP FEES THAT YOU ACTUALLY PAID TO US DURING THE
YEAR IN WHICH THE EVENT OCCURRED THAT GAVE RISE TO OUR LIABILITY. THE
LIMITATIONS OF LIABILITY CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR
AGREEMENT TO PROVIDE THIS SERVICE TO YOU.
17. Exclusions to Limitations
SOME
JURISDICTIONS DON'T ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH IN SECTION 16 ABOVE MAY NOT APPLY TO YOU.
18. International Members
a. Possible limits on
benefits. If you join and/or access the BFC from a location outside the United States or Canada, you may not enjoy all or
portions of the benefits of the BFC. Those who choose to join or to access the
BFC from other locations do so on their own initiative and at their own risk,
and are responsible for compliance with local laws, if and to the extent applicable.
We reserve the right to limit the availability of the BFC and/or the Service or
any portion thereof to any person, geographic area, or jurisdiction we desire,
at any time and in our sole discretion.
b. Privacy. We remind
international visitors that this site and the servers that make this site
available are located in the United States
and personal data you submit to us may be further transferred by us outside the
U.S.
or your country of residence. Most countries, including the United States,
have not formally been determined to operate under specific laws deemed
"adequate" by the European Union (EU) for the transfer of personal
data. Mattel, however, respects your privacy, and will handle your personal
data in accordance with our Privacy Policy. Please review our Privacy
Policy and the BC Agreement. By accepting this Member
Agreement, you specifically acknowledge and consent to the collection,
processing, transfer and use of your personal data as indicated in this Member
Agreement, the BC Agreement and our Privacy Policy. To update your contact
information and preferences on how we contact you, or access the personal
information we hold about you, e-mail us at customerservice@barbiecollector.com.
c. Your obligations. The Internet spans the
world. Because of this, you must comply with all applicable local laws, rules,
and regulations, whether those of other countries or of the individual states
within the United States,
regarding online conduct, acceptable Content, and your use of the Service. In
addition, you must comply with all applicable laws and regulations regarding
the transmission of technical data exported from the United States or the country from
which you use the Service, including, without limitation, any and all
restrictions on encryption technology.
© 2004-2009.
Mattel, Inc. All rights reserved.