Barbie® Signature Membership Agreement
Updated June 2017.
It's critical that you read this entire Membership Agreement in its entirety before purchasing a membership in Barbie® Signature. It contains important information that addresses prohibited conduct. It outlines economic and other obligations that you agree to assume each time you participate in Barbie® Signature. And it highlights certain rights that we reserve so that we can ensure that your membership in Barbie® Signature will be an enjoyable online experience and so that we can remain a responsible member of the online community. If that's not compelling enough, you should know that, once you have purchased a membership, this Membership Agreement becomes a legally binding document.
1. The Barbie® Signature Membership
Membership in Barbie® Signature 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 Barbie® Signature. You also must have a valid credit card at the time you sign up for Barbie® Signature. If you are a resident of Crimea, Cuba, Iran, North Korea or Sudan ("Prohibited Countries"), you are ineligible and may not become a member of Barbie® Signature. The countries included as Prohibited Countries may be modified by Mattel in its sole discretion. By joining Barbie® Signature, you represent and warrant that you meet all eligibility requirements.
3. Membership Address and Shipping
The address that you include in your Barbie® Signature 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, territories of the United States or Canada, and the United Kingdom ("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 Barbie® Signature but we will be unable to ship physical items to you and you forfeit all Barbie® Signature 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
Your membership is personal to you, and you may not sell, give, or otherwise transfer your membership to anyone else. If we determine or suspect, in our sole discretion, that you have attempted to sell, give, or otherwise transfer your membership, we may, among other things, terminate your membership without refund, reimbursement, or credit of your Membership Fees (as defined below).
5. Membership for 12 Months
Your membership in Barbie® Signature commences on the day that you complete the Barbie® Signature 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 12 months later, on the anniversary of the date you joined ("Term"), unless terminated earlier pursuant to this Membership Agreement. We reserve the right to extend your membership beyond the Term.
You must provide Mattel with accurate, complete, and up-to-date 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 Barbie® Signature (including any applicable taxes) ("Membership Fees") at the rates in effect when the charges were incurred. Coupons and promotions offered at the Barbie® Signature online shop do not apply to Barbie® Signature membership fees or any of the online exclusive dolls or products. We will immediately bill all charges for Barbie® Signature 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 Barbie® Signature.
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 on our Contact Page 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 Barbie® Signature at the end of each session. We reserve the right to refuse membership to Barbie® Signature to you or any third party.
9. Prohibited Use of Barbie® Signature Content
Any unauthorized copying duplication or distribution of any content appearing in or in connection with Barbie® Signature, whether originating from us or any third party ("Barbie® Signature Content"), including, without limitation, content that is modified, merged, or included with Barbie® Signature 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 Barbie® Signature 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 Barbie® Signature, your use of the Services, and/or your violation of this Membership Agreement.
12. Absolute Right to Suspend or Terminate Your Membership in Barbie® Signature
13. Absolute Right to Remove or Discard User-Generated Content
14. Absolute Right to Terminate Barbie® Signature, Barbie® Signature Features, and Barbie® Signature Content
We may, in our sole discretion, decide to not offer Barbie® Signature in the future, after you became a member or renew your membership. We may also, in our sole discretion and at any time, remove any Barbie® Signature feature or item of Barbie® Signature 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 BS site (including Barbie® Signature) and any necessary software used in connection with the BS site or Barbie® Signature ("Software"), which is a part of Barbie® Signature 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 Barbie® Signature or advertisers, which is also a part of Barbie® Signature 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 Barbie® Signature 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 Barbie® Signature. You agree not to access Barbie® Signature by any means other than through the interface that is provided by Mattel for use in accessing Barbie® Signature. If you do not comply with this provision, Mattel reserves the right to terminate your membership in Barbie® Signature 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
- Possible limits on benefits. If you join and/or access Barbie® Signature from a location outside the United States or Canada, you may not enjoy all or portions of the benefits of Barbie® Signature. Those who choose to join or to access Barbie® Signature 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 Barbie® Signature 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.
- 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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