MONSTER HIGH COLLECTORS FANG CLUB MEMBERSHIP AGREEMENT

Welcome to Mattel, Inc.’s Monster High Collectors Fang Club (“Fang Club”) and related services ("Services") at MattelCreations.com. Mattel, Inc. and its affiliates ("Mattel" or "we" or "us") provide membership in Fang Club to you(“Membership”) subject to this Fang Club Membership Agreement (“Membership Agreement”). The Membership Agreement includes the terms readily available on this page (the “Membership Specific Terms”) and the Mattel Terms and Conditions of Website Use, the Mattel Terms of Sale, and the Mattel Privacy Statement (“Additional Mattel Terms”). If there is a conflict between the provisions of the Additional Mattel Terms and the Membership Specific Terms, the terms of the Membership Specific Terms will prevail. On any area where the Membership Specific Terms is silent, the terms of the Additional Mattel Terms will prevail.

It is critical that you read the Membership Agreement in its entirety before purchasing a Membership in Fang Club. It contains important information that addresses eligibility, limitations and prohibited conduct. It outlines economic and other obligations that you agree to assume each time you participate in Fang Club. And it highlights certain rights that we reserve so that we can ensure that your Membership 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 or have otherwise accessed the membership by a gift or a code, this Fang Club Membership Agreement becomes a legally binding document.

Once you read the entire Membership Agreement, if you agree to all of the terms, add the Membership to your cart, and then check the box acknowledging that you accept the Fang Club Membership Agreement on the product page. Your Registration will not be deemed complete unless you agree to the Membership Agreement and complete all the steps required to register in Fang Club as detailed below. It's your responsibility to read the Membership Agreement and keep apprised of any changes to it. We may update or modify the Membership Agreement from time to time with prior notice to you due to changes in law, to meet regulatory requirements, or to make updates to improve or enhance the offerings. If you do not agree to the updates or modifications, you can terminate your Membership and receive a pro-rata refund of your Membership Fees. We encourage you to review the most current version of the Membership Agreement on creations.mattel.com on a regular basis.

1. The Fang Club Membership

Fang Club includes several features, and they may vary from time to time. To learn more about Fang Club and its features, please see our Fang Club FAQs. Unless we expressly tell you otherwise, all new features that we provide to modify, supplement, or improve Fang Club will be subject to this Membership Agreement and any other terms and conditions that we may announce. If you do not agree to any variation, modification, supplement or improvement of the Fang Club features or benefits, you may terminate your Membership and receive a pro-rata refund of your Membership Fees. Fang Club benefits vary from year to year, and benefits offered in a prior year may not be provided in later years. We merely provide access to the membership and the then current offerings; you must obtain and maintain at your sole cost all other services and items for you to use and enjoy the Membership, including, without limitation, access to the World Wide Web.

2. Eligibility

Membership in Fang Club is available to residents of the 50 United States, the District of Columbia, and territories of the United States, Canada (except Quebec), the United Kingdom and member states of the European Union and any of the countries listed in the “Country” field that appears during the checkout process. You must be 18 years old or the age of legal majority in your country, state, province, and/or territory of residence, as applicable, on or before the date of registration. You also must have a valid credit card at the time you sign up for Fang Club. By joining Fang Club, you agree that you meet all eligibility requirements. We reserve the right to refuse membership to Fang Club to you or any third party.

3. Membership Address and Shipping

The address that you include in your Registration may be anywhere in the 50 United States, the District of Columbia, and territories of the United States, Canada (except Quebec), the United Kingdom and member states of the European Union and any of the countries listed in the “Country” field that appears during the checkout process. Please note, certain products may not be eligible to ship to your country. You may find shipping eligibility information on each specific product description page. For additional information on shipping terms and conditions, please visit the Mattel Sales Terms and Mattel Shipping Rates & Policy.

4. Membership Limitation

Membership is limited to one per person, physical address, and e-mail address up to five per household. You are prohibited from becoming a member under more than one name or at more than one physical or e-mail address. If we determine or reasonably suspect, 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 One Year Only

Your Membership commences on the day that you complete the registration process that is required to become a member or renew an existing Membership (including Mattel's receipt of applicable Membership Fees) (“Registration”). Your membership is good for one (1) year from the date of Registration ("Term") in which you sign-up or renew, unless terminated earlier pursuant to the Membership Agreement.

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 is not truthful, complete, or up-to-date, or if we have reasonable grounds to suspect that any of it is not truthful, complete, or up-to-date, then we may suspend, terminate, or take any other legal action with respect to your account without providing you a refund of any fees that you have already paid. 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 deems inappropriate, vulgar, or offensive.

8. Fees and Payments

You agree to pay the Membership fees, and any other charges incurred in connection with your Membership and/or Registration (including any applicable taxes, except in territories where price is inclusive of VAT) at the rates in effect when the charges were incurred (“Membership Fees”). We will immediately bill all charges for Fang Club to your credit card. You agree 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). Some fees and charges are non-refundable. We may change the fees, taxes, and charges then in effect, or add new fees or charges, and we will give you notice in advance if we do so. If you do not agree to any new fees or charges, you may terminate the Membership Agreement and receive a pro-rata refund of your Membership Fees. You are responsible for all fees, such as payments due in connection with product purchases, and other charges that you may incur in connection with your use and enjoyment of the Services. All products purchased under the Membership shall be subject to the Mattel Terms of Sale, the Mattel Creations Return Policy, and the Mattel Creations Shipping Rates and Policy.

Your Legal Right to Change Your Mind: For those whose primary address is in the United Kingdom or one of the member states of the European Union, you have 14 days after the date we confirm your order to cancel your Membership, and we will provide you a full refund of your Membership Fees. If you change your mind, contact our Customer Service Team: 1-800-858-0102, fill in the online form, or contact us at 636 Girard Ave, East Aurora, NY 14052. We will refund you as soon as possible and within 14 days of you telling us you have changed your mind. We refund you by the method you used for payment. We don't charge a fee for the refund.

Product returns will be subject to the separate Mattel Creations Return Policy.

8. Username and Password; Liability for Activities

You are responsible for maintaining the confidentiality of your username, e-mail address, and password, and are solely responsible for all activities (including purchases) that occur under your username, e-mail address, and password. You agree to: (a) immediately Contact Us to report 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 user name or password, and (b) ensure that you exit from Fang Club at the end of each session.

9. Prohibited Use of Fang Club Content

Any unauthorized copying, duplication, or distribution of any content appearing in or in connection with Fang Club, whether originating from us or any third party (“Fang Club Content”), including, without limitation, content that is modified, merged, or included with Fang Club 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 Fang Club 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 prohibited. "Pre-selling" means listing or advertising a Mattel online exclusive item prior to the date that Mattel charges your credit card for the exclusive item. You agree not to participate in such an activity in any way; 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. Absolute Right to Suspend or Terminate Your Membership in Fang Club

You may terminate this Membership Agreement and your right to use Fang Club and its features at any time. To do so, Contact Us. Note that, unless otherwise stated in clause 7 and subject to your cancellation rights, your Membership Fees are non-refundable. You agree that we may suspend or terminate your user name, password, Membership (or any part thereof) in Fang Club, and your use of any or all of the features of Fang Club, if we believe that you have violated this Membership Agreement (the “Breach”). You agree that termination of your access to Fang Club due to serious grounds, e.g., there is risk of loss or harm to Mattel or others or there is suspicion of fraud, may be affected 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 Fang Club. Further, you agree that we will not be liable to you or any third party for any termination of your access to Fang Club. Any fraudulent, abusive, or otherwise illegal activity (including without limitation, inclusion or placement on any denied parties, especially 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, and you may be reported to appropriate law-enforcement agencies. If Mattel terminates your Membership for reasons other than the Breach, bankruptcy, or other event outside of Mattel’s control, you may receive a pro-rata refund of your Membership Fees.

12. 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 Fang Club and that does not originate directly from Mattel, whether publicly posted or privately transmitted, is referred to as the "User Content." We may at any time remove any User Content within Fang Club, or any part thereof, with or without notice and without any obligation to you. If Mattel believes the removal of the User Content is necessary because User Content fails to comply with guidelines, instructions, rules, laws, regulations, or otherwise would bring harm to Mattel or others, then such removal may prompt an immediate termination of your Membership without an obligation of a refund, reimbursement, or credit of any Membership Fees.

13. Absolute Right to Terminate Fang Club, Fang Club Features, and Fang Club Content

We may decide not to offer Fang Club after December 31 of the year that you complete Registration. If this is the case, you may apply for, and we will grant a refund of the Membership Fee on a pro-rata basis.

Mattel’s Proprietary Rights

You acknowledge and agree that the Mattel Creations site (including Fang Club) and any necessary software used in connection with the Mattel Creations site or Fang Club (“Software”), which is a part of Fang Club Exclusive Content, contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by us, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on, in whole or in part on Fang Club Exclusive 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 Fang Club. You agree not to access Fang Club by any means other than through the interface that is provided by Mattel for use in accessing Fang Club. If you do not comply with this provision, Mattel reserves the right to terminate your Membership without refund, reimbursement, or credit of any Membership Fees.

15. Limitation of Liability to Amount Paid by You

EXCEPT FOR REGIONS IN WHICH THE FOLLOWING IS NOT ENFORCEABLE, 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.

IN ALL OTHER REGIONS, TO THE FULL EXTENT PERMITTED BY LAW, WE WILL PROVIDE ACCESS TO THE MEMBERSHIP TO YOU WITH REASONABLE SKILL AND CARE AND TO ACT WITH PROFESSIONAL DILIGENCE FOR SO LONG AS WE CHOOSE TO OFFER THE MEMBERSHIP. WE DO NOT TAKE RESPONSIBILITY FOR LOSS OR DAMAGE CAUSED BY US, UNLESS IT IS:

CAUSED BY OUR BREACH OF THESE TERMS; OR
REASONABLY FORESEEABLE AT THE TIME OF ENTERING INTO THESE TERMS (I.E., EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR, AT THE TIME OF THIS CONTRACT, IT IS KNOWN THAT IT MIGHT HAPPEN).

WE DO NOT TAKE RESPONSIBILITY FOR LOSS OR DAMAGE IF IT IS CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL. NOTHING IN THE MEMBERSHIP AGREEMENT AFFECTS ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR GIVE UP, OR ARE LEGALLY ALWAYS ENTITLED TO, FOR EXAMPLE, BECAUSE YOU ARE A CONSUMER.

16. Exclusions to Limitations

We do not exclude or limit our liability to you where it would be unlawful to do so. You will always have the protection of applicable laws that apply to you. For example, UK/EU consumer laws may provide you with additional protections covering your Membership.

17. Other Policies and Procedures

a. By accepting this Membership Agreement, you specifically acknowledge, agree, and consent to the following:

b. Privacy Statement and Rights. The Membership Agreement, and the collection, processing, transfer and use of your personal data is subject to the Mattel Privacy Statement found at http://corporate.mattel.com/privacy-statement.aspx (the “Privacy Statement”). To exercise certain privacy rights that may be applicable to your local region see the “Your Privacy Rights” section of the Privacy Statement here: https://www.mattel.com/en-us/privacy-statement#anchor-Your-Privacy-Rights. To update your contact information and preferences on how we contact you, please use My Account. To access the personal information we hold about you, please Contact Us.

18. Governing Law and Jurisdiction

The Membership Agreement is governed by the law of the jurisdiction in which you are a resident. If we have a dispute, we will first try and resolve it with you amicably.

If we cannot resolve our dispute, you or we can go to your local courts. If you are in the EU, you can also access a digital tool provided by the European Commission to find appropriate redress solutions. This tool is designed to assist consumers in resolving disputes efficiently and effectively without the need for court proceedings.

19. Members with Residence Outside of the US or Canada

a. Possible limits on benefits. If you join and/or access Fang Club from a location outside the United States or Canada, you may not enjoy all or portions of the benefits of Fang Club. For example, discounts, promotions, and content may be specific to certain territories and may not be available in your territory. We reserve the right to limit the availability of Fang Club and/or the Service or any portion thereof to any person, geographic area, or jurisdiction we desire.

b. Reciprocal Benefits. If you join and/or access the Membership from Australia or New Zealand, you may have access to reciprocal benefits from our third-party local distributor [RPG Toms Pty Ltd (ACN 625 027 625)] (“RPG”). These benefits will be provided, subject to RPG’s Terms of Use found at https://shop.mattel.com.au/pages/terms-and-conditions. Prices displayed on the RPG Website will be shown in local currency (AUD) and may be subject to local taxes or fees, and different shipping rates. Purchases made on the Mattel Creations website operated by RPG will be with RPG and not with us.

c. Your obligations. To the fullest extent permitted by applicable law, you must comply with all applicable local laws rules and regulations: (i) which apply in the jurisdiction where you are habitually resident, regarding online content, acceptable content, and your use of the Service; and (ii) regarding the transmission of technical data exported either from the United States or from the country from which you access and use the Membership, including, without limitation, any and all restrictions on encryption technology.