MONSTER HIGH COLLECTORS FANG CLUB MEMBERSHIP AGREEMENT

Membership Agreement

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 subject to this Fang Club Membership Agreement (“Membership Agreement”). You must register an account on Mattel Creations and agree to the Mattel Terms and Conditions of Website Use before you may become a member of Fang Club. If there is a conflict between the provisions of the Mattel Terms and Conditions of Website Use and this Fang Club Membership Agreement, the terms of this Fang Club Membership Agreement will prevail. On any area where this Agreement is silent, the terms of the Mattel Terms and Conditions of Website Use will prevail.

 

It’s critical that you read this Membership Agreement in its entirety before purchasing a membership in Fang Club. It contains important information that addresses 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 in Fang Club 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 Fang Club Membership Agreement becomes a legally binding document.

 

Once you read this entire Membership Agreement, if you agree to all of its terms, check the box on the product page for Fang Club Membership next to this statement: “By selecting, you indicate your acceptance of the Fang Club Membership Agreement.” After you “accept” the Fang Club Membership Agreement, you may proceed with your purchase of a membership in Fang Club. You’ll be bound by both the Mattel Terms and Conditions of Website Use and this Fang Club Membership Agreement whenever you participate in Fang Club. It’s your responsibility to read this Membership Agreement and keep apprised of any changes to it. We may update or modify this 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 Fang Club features. You are bound by any updates and modifications made to the Membership Agreement from the time that we post them, whether or not you choose to read such changes. We encourage you to review the most current version of this Membership Agreement on our site on a regular basis. If you don’t accept this Fang Club Membership Agreement where indicated, then you can’t use our Service.

 

  1. The Fang Club Membership

 

Fang Club includes several features, and they may vary from time to time in our sole discretion. 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. 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 the Service and the Fang Club program; you must obtain and maintain at your sole cost all other services and items for you to use and enjoy the Service and Fang Club, including, without limitation, access to the World Wide Web. Your membership in Fang Club and use of the Fang Club section of the Mattel Creations site is also subject to the general Terms and Conditions that apply to all visitors to the Mattel Creations site. For more information, please see our website Terms and Conditions.

 

  1. 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, and any of the countries listed in the “Country” field that appears during the checkout process. Membership in Fang Club is offered to people who are at least 18 years old on or before the date that he or she registers for Fang Club. You also must have a valid credit card at the time you sign up for Fang Club. By joining Fang Club, you represent and warrant that you meet all eligibility requirements.

 

  1. Membership Address and Shipping

 

The address that you include in your Fang Club registration may be anywhere in the 50 United States, the District of Columbia, and territories of the United States, Canada, and any of the countries listed in the “Country” field that appears during the checkout process. If you have an eligible billing address but not an eligible shipping address, 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 (Cuba, Iran, North Korea, Syria, Sudan, and the Crimea Region of Ukraine). At its sole discretion, Mattel may modify which countries are included as Prohibited Countries. You are responsible for any applicable taxes and duties on all items and services purchased by you.

 

  1. Membership Limitation

 

Membership is limited to one per person / email address up to five 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.

 

  1. Membership for One Year Only

 

Your membership in Fang Club commences on the day that you complete the Fang Club registration process that is required to become a member or renew an existing membership (including Mattel’s receipt of applicable Membership Fees). Your membership is good for one (1) year from the date you purchased your membership (“Term”) in which you sign up or renew, unless terminated earlier pursuant to this Fang Club Membership Agreement. We reserve the right to extend your membership beyond the Term.

 

  1. 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.

 

  1. Fees and Payments

 

You agree to pay the membership fees and any other charges incurred in connection with your username, email address, and password for Fang Club (including any applicable taxes) at the rates in effect when the charges (“Membership Fees”) were incurred. We will immediately bill all charges for Fang Club 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 Fang Club.

 

  1. Username and Password; Liability for Activities

 

You are responsible for maintaining the confidentiality of your username, email address, and password and are solely responsible for all activities (including purchases) that occur under your username, email 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 username or password, and (b) ensure that you exit from Fang Club at the end of each session. We reserve the right to refuse membership to Fang Club to you or any third party.

 

  1. 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.

 

  1. 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 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.

 

  1. 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 Fang Club, your use of the Services, and/or your violation of this Membership Agreement.

 

  1. 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 your Fang Club Membership Fee is non-refundable. You agree that we, in our sole discretion, may suspend or terminate your username, 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 in our sole discretion that you have violated this Membership Agreement or the Mattel Terms and Conditions of Website Use, all without notice or liability to you or anyone else. You agree that any termination of your access to Fang Club under any provision of this Membership Agreement 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, 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.

 

  1. 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, in our sole discretion and at any time, remove any User Content within Fang Club, or any part thereof, with or without notice and without any obligation to you, including a refund, reimbursement, or credit of any Membership Fees.

 

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

 

We may, in our sole discretion, decide to not offer Fang Club 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 Fang Club feature or item of Fang Club 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.

 

  1. 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 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 Fang Club or advertisers, which is also a part of Fang Club Exclusive 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 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 in Fang Club without refund, reimbursement, or credit of any Membership Fees.

 

  1. 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.

 

  1. 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.

 

  1. Other Policies and Procedures

 

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

 

  1. Privacy Statement and Rights.

This Membership Agreement, and the collection, processing, transfer, and use of your personal information (also called personally identifiable information or 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 Choices and Controls” section of the Privacy Statement here:  https://shop.mattel.com/pages/privacy-statement#anchor-your-choices.To update your contact information and preferences on how we contact you, please sign in to your user account and access the Notification Settings in your Account Settings. To learn how to exercise your rights under applicable law with respect to your personal information that we hold about you, please read the Your Choices and Controls statement.

 

  1. Terms & Conditions.

This Membership Agreement and your account issued under it may only be used subject to the Mattel Website Terms of Use found at http://corporate.mattel.com/terms-conditions.aspx (the “Terms and Conditions”).

 

  1. International Members

 

  1. 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. Those who choose to join or to access Fang Club 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 Fang Club 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.

 

  1. 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 Terms and Conditions. By accepting this Membership Agreement, you specifically acknowledge and consent to the collection, processing, transfer, and use of your personal data as indicated in this Membership Agreement, the Terms & Conditions, and our Privacy Statement.

 

  1. 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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