TERMS AND CONDITIONS OF WEBSITE USE
Effective Date: September 20, 2010
The Website (defined below) is provided by Mattel, Inc., and its subsidiaries, including, without limitation, Fisher-Price, Inc. and American Girl Brands, LLC (collectively, “Mattel,” “we,” “our”, or “us”). These “Terms and Conditions of Website Use” (this “User Agreement”) govern your use of the Website, regardless of how you access or use it. By “Website”, we mean the Internet domain address within which this User Agreement is posted and all features, applications, content, and downloads that are operated by us and that are available through or interact with it, and/or post links to this User Agreement.
IF YOU’RE UNDER THE AGE OF MAJORITY (which is 18 years old in most states), then your parent or guardian may be liable for some or all of your activities on the Website.
Because of this, and because it’s prudent for your parent or guardian to be aware of your activities, including the websites that you visit, you should make your parent or guardian aware that you are using the Website – as this User Agreement and your use of the Website affect their legal rights and obligations.
IF YOU WANT TO USE THIS WEBSITE, then carefully read this User Agreement, as it constitutes a written agreement between you and Mattel and it affects your legal rights and obligations.
Each time you access and/or use the Website (other than to simply read this User Agreement), you agree to be bound by and comply with all of the terms of this User Agreement and any Additional Terms (defined below). Therefore, do not use the Website if you do not agree to all of the terms of this User Agreement and any Additional Terms.
The business realities associated with operating the Website are such that, without the limitations that are set forth in this User Agreement -- such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and our arbitration of certain disputes -- Mattel would not make the Website available to you.
Summary of Key Terms:
It’s important that you read this entire User Agreement; but, here are some of the more significant terms that we want to bring to your attention:
- Each time you use the Website, this User Agreement applies to your use. Any updates to it will apply to you; so you should check back frequently for any updates.
- You may only use the Content on the Website in connection with your permitted activities on the Website – and not in an offline environment or on another website. (See Sections 1(C), 2(B), 3(A), and 3(B) below.) You may not use the Website for commercial, political, or inappropriate purposes. (See Sections 1(C), 2(B), and 3(A) below.)
- By using the Website, you will not obtain any ownership or intellectual property or other interest in it or any virtual or other items that may be used in connection with it. (See Sections 1(B), 1(C), and 9 below.)
- Many types of disputes that may arise in connection with your access to and use of the Website may only be resolved by arbitration – which includes your waiver of a right to a jury trial. (See Section 13 below.)
- Mattel is providing the Website to you on an “as is” basis, without any warranty of any kind, and Mattel’s liability to you in connection with your use of the Website is very limited. (See Sections 14 and 15 below.) Many other limitations and disclaimers relate to your use of the Website. (See Sections 13(D) and 16 below.)
Table of Contents
1. Website Content, Ownership, Limited License, and Rights of Others.
2. Content You Submit and Community Usage Rules.
3. Website and Content Use Restrictions.
4. Customer Service.
5. Procedure for Alleging Copyright Infringement.
6. Procedure for Alleging Infringement of Other Intellectual Property.
7. Unsolicited Ideas and Materials Prohibited; No Confidential or Special Relationship With Mattel.
8. Opening and Terminating Accounts.
9. Website Access; Charges; Registration; Usage Subscriptions; Virtual Goods and Services; No Monetary Value or Property Interest; Transfers Prohibited.
10. Links by You to the Website.
11. Linked-To Websites; Advertisements; Dealings with Third Parties.
13. Dispute Resolution.
14. Disclaimer of Representations and Warranties.
15. Limitations of Liability of Mattel Parties.
16. Waiver of Injunctive or Equitable Relief.
17. General Provisions.
1. Website Content, Ownership, Limited License, and Rights of Others.
A. Content. The Website contains a variety of: (i) materials and other items relating to Mattel and its products and services, and similar items from our licensors and other third parties, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Website, and the compilation, assembly, and arrangement of the materials of the Website and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of Mattel (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
B. Ownership. The Website (including past, present, and future versions) and the Content are owned or controlled by Mattel and our licensors and certain other third parties. All right, title, and interest in and to the Content available via the Website is the property of Mattel or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, patent, or other intellectual property rights and laws to the fullest extent possible. Mattel owns a copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Website.
C. Limited License. Subject to your strict compliance with this User Agreement and the Additional Terms, Mattel grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to (i) download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use via a standard web browser to enable display) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, an “Internet Device”) for your personal, non-commercial use only, and (ii) to use certain Content that we may from time to time make available on the Website explicitly for you for use as part of your User-Generated Content (defined in Section 2(A)(i) below) (“Mattel Licensed Elements”), but only for such purposes as may be explicitly stated at the time that the Mattel Licensed Elements are made available on the Website; but we and our licensors and certain other third parties, as the case may be, retain ownership of such Mattel Licensed Elements. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Mattel’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content and/or Mattel Licensed Elements, subject to certain Additional Terms.
D. Rights of Others. In using the Website, you must respect the intellectual property and other rights of Mattel and others. 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. 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 the Website, then please see Section 5 below.
2. Content You Submit and Community Usage Rules.
A. User-Generated Content.
(i) General. Mattel may now or in the future offer visitors to the Website the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Website (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding Mattel Licensed Elements included therein, “User-Generated Content”). Mattel may do this through forums, blogs, message boards, social networking environments, social communities, email, and other communications functionality. Subject to the rights and license you grant in this User Agreement, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content.
(iii) License to Mattel of Your User-Generated Content. Except as otherwise described in any Additional Terms (such as a contest’s official rules), which will govern the submission of your User-Generated Content, you hereby grant to Mattel, and you agree to grant to Mattel, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any media, software, formula, or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services. In order to further effect the rights and license that you grant to Mattel to your User-Generated Content, you also hereby grant to Mattel, and agree to grant to Mattel, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 2(A)(iii).
(iv) Mattel’s Exclusive Right to Manage All User-Generated Content. Mattel may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, and Mattel may, in its sole discretion, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party. Mattel reserves the right to treat User-Generated Content on the Website as content stored at the direction of users for which Mattel will not exercise control except to block or remove content that comes to Mattel’s attention and is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable to Mattel, or to enforce the rights of third parties or the content restrictions set forth below in the Rules (defined in Section 2(B) below) when notice of their violation comes to Mattel’s attention. Such User-Generated Content submitted by you or others need not, however, be maintained on the Website by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User-Generated Content on the Website.
(v) Representations and Warranties Related to Your User-Generated Content. Each time you submit any User-Generated Content, you represent and warrant that you are at least the age of majority in the state in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User-Generated Content you submit, and that, as to that User-Generated Content, (a) you are the sole author and owner of the intellectual property and other rights to the User‑Generated Content, or you have a lawful right to submit the User-Generated Content and grant Mattel the rights to it that you are granting by this User Agreement and any Additional Terms, all without any Mattel obligation to obtain consent of any third party and without creating any obligation or liability of Mattel; (b) the User-Generated Content is accurate; (d) the User-Generated Content does not and, as to Mattel’s permitted uses and exploitation set forth in this User Agreement, will not infringe any intellectual property or other right of any third party; and (e) the User-Generated Content will not violate this User Agreement (including the Rules) or any Additional Terms, or cause injury or harm to any person.
(vi) Enforcement. Mattel has no obligation to monitor or enforce your intellectual property rights to your User-Generated Content, but you grant us the right to protect and enforce our rights to your User-Generated Content, including by bringing and controlling actions in your name and on your behalf (at Mattel’s cost and expense, to which you hereby consent and irrevocably appoint Mattel as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
B. Community Usage Rules. As a user of the Website, these Community Usage Rules (“Rules”) are here to help you understand the conduct that is expected of members of the Website’s online communities (“Communities”).
(i) Nature of Rules. Your participation in the Communities is subject to all the terms in this User Agreement, including these Rules:
- Your User-Generated Content. Do not use any User-Generated Content that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the Internet. For example, your User-Generated Content should not contain any visible logos, phrases, or trademarks that belong to third parties. If anyone contributes to your User-Generated Content or has any rights to your User-Generated Content, or if anyone appears in the User-Generated Content, then you must also have their permission to submit such User-Generated Content to Mattel. (For example, if someone has taken a picture of you and your friend, and you submit that photo to Mattel as your User-Generated Content, then you must obtain your friend’s and the photographer’s permission to do so.)
- Speaking of Photos: No Photos, Videos, or Images of Anyone Other Than You and Your Friends and Family. If you choose to submit photos to the Website, link to embedded videos, or include other images of real people, then make sure they are of you or of you and someone you know – and only if you have their permission to submit them. Additionally, if the photo, video, or image includes a minor, you must be the parent or guardian of the child, or have permission from the child’s parents or guardians, prior to submitting them.
- Act Appropriately. Be respectful of others’ opinions and comments so we can continue to build Communities for everyone to enjoy. If you think your User-Generated Content might offend someone or be embarrassing to someone, then chances are it probably will and it doesn’t belong on the Website. Cursing, harassing, stalking, insulting comments, personal attacks, gossip, and similar actions are prohibited. Your User-Generated Content must not threaten, abuse, or harm others, and it must not include any negative comments that are connected to race, national origin, gender, sexual orientation, or physical handicap. Your User-Generated Content must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit.
- Do Not Use for Commercial or Political Purposes. Your User-Generated Content must not advertise or promote a product or service or other commercial activity, or a politician, public servant, or law. If you submit User-Generated Content that Mattel reasonably believes violates this paragraph, then we may take any legal action that we deem appropriate, in our sole discretion.
- Do Not Use for Inappropriate Purposes. Your User-Generated Content must not promote any infringing, illegal, or other similarly inappropriate activity. If you submit User-Generated Content that Mattel reasonably believes violates this paragraph, then we may take any legal action that we deem appropriate, in our sole discretion.
- Be Honest and Do Not Misrepresent Yourself or Your User-Generated Content. Do not impersonate any other person, user, or company, and do not submit User-Generated Content that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company.
- Others Can See. We hope that you will use the Communities to exchange information and content and have discussions with other members. However, please remember that the Communities are a public forum and User-Generated Content that you submit on the Website within a Community will be accessible and viewable by other users. Do not submit personally identifiable information (e.g., first and last name together, password, phone number, address, credit card number, medical information, e-mail address, or other personally identifiable information or contact information) on Community spaces and take care when disclosing this type of information to others.
- Don’t Share Other People’s Personal Information. Your User-Generated Content must not reveal another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless , and in the form and by the method, specifically requested by Mattel.
- Don’t Damage the Website or Anyone’s Computers or Other Internet Devices. Your User-Generated Content must not submit viruses, trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Website or any computer or other Internet Device.
We reserve the right to request at any time proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the User-Generated Content in question being removed from the Website.
(ii) Your Interactions With Other Users; Disputes. You are solely responsible for your interaction with other users of the Website, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.
3. Website and Content Use Restrictions.
A. Website Use Restrictions. You agree that you will not: (a) use the Website for any commercial or political purpose (including for purposes of advertising, soliciting funds, collecting product prices, and selling products); (b) use any meta tags or any other “hidden text” utilizing any Mattel trademarks or trade names; (c) engage in any activities through or in connection with the Website that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Mattel; (d) reverse engineer, decompile, disassemble, reverse assemble, or modify any Website source or object code or any software or other products, services, or processes accessible through any portion of the Website; (e) engage in any activity that interferes with a user’s access to the Website or the proper operation of the Website, or otherwise causes harm to the Website, Mattel, or other users of the Website; (f) interfere with or circumvent any security feature of the Website or any feature that restricts or enforces limitations on use of or access to the Website, the Content, or the User-Generated Content; or (g) otherwise violate this User Agreement or any Additional Terms.
B. Content Use Restrictions. You also agree that, in using the Content (other than your User-Generated Content that does not contain any Mattel Licensed Elements): (a) you will not monitor, gather, copy, or distribute such Content (except as may be a result of standard search engine or activity or use of a standard Internet browser) on the Website by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (b) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (c) you will keep intact all trademark, copyright, and other intellectual property notices contained in such Content; (d) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (e) you will not make any modifications to such Content (other than to the extent of your permitted use of the Mattel Licensed Elements, if applicable); (f) you will not modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by this User Agreement or any Additional Terms or with the prior written consent of an officer of Mattel or, in the case of Content from a licensor, the owner of the Content; or (g) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
C. Availability of Website and Content. Mattel may immediately suspend or terminate the availability of the Website and Content (and any elements and features of them) for any reason, in Mattel’s sole discretion, and without advance notice or liability (except as set forth in Section 9 below or any Additional Terms).
D. Reservation of All Rights Not Granted as to Content and Website. This User Agreement and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Website. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Mattel and its licensors and other third parties. Any unauthorized use of any Content or the Website for any purpose is prohibited.
4. Customer Service. Mattel will not respond to consumer and other similar inquiries sent to the addresses in Section 5 below. If you have any customer service questions related to our products or services, then as a resource please use our website at the following addresses:
Mattel brands and Fisher-Price brands: http://service.mattel.com/us/
Fisher-Price online store: http://www.fisher-price.com/fp.aspx?st=900000&e=custservice
American Girl brands: http://store.americangirl.com/agshop/static/contactUs.jsp
5. Procedure for Alleging Copyright Infringement
A. DMCA Notice. 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 a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Website, then you may 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 or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(iii) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Website on which the material appears);
(iv) your full name, address, telephone number, and e-mail address;
(v) a statement by you that you have a good faith belief that use of the material in the manner complained of 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 physical signature or, if sent within an email (rather than in a physical document or a digital document attached to an email), your name typed followed by “//s//”, which will serve as your electronic signature.
Mattel will only respond to DMCA Notices that it receives 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, Intellectual Property