BarbieCollector.com℠ Barbie℠ Fan Club Membership Agreement
Updated January 2011.
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.
1. The BarbieCollector.com℠ Barbie℠ Fan Club
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.com℠ 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.
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.com℠ 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 Statement. Please review our Privacy Statement 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 Statement. 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 email@example.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.
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