Hot Wheels® Red Line Club™ Membership Agreement
Updated January 2007
Welcome to Mattel, Inc.'s Hot Wheels® Red Line Club™ ("RLC™") and related services ("Services") at HotWheelsCollectors.comSM ("HWC™"). Mattel, Inc. and its affiliates ("Mattel" or "we" or "us") provide membership in the RLC to you subject to this Hot Wheels Red Line Club Membership Agreement ("RLC Membership Agreement") and the HotWheelsCollectors.comSM Member Service Agreement, hereinafter called the "HWC Agreement". You must become a member of HotWheelsCollectors.comSM pursuant to the HWC Agreement before you may become a member of the RLC. If there is a conflict between the provisions of the HWC Agreement and this RLC Membership Agreement, the terms of this RLC Membership Agreement will prevail. On any area where this Agreement is silent, the terms of the HWC Agreement will prevail. We urge you to again review the terms of the HWC Agreement as well as this RLC Membership Agreement before joining the RLC.
It's critical that you read this entire RLC Membership Agreement in its entirety before purchasing a membership in the RLC. 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 RLC. And it highlights certain rights that we reserve so that we can ensure that your membership in the RLC 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 RLC Membership Agreement becomes a legally binding document.
Once you read this entire RLC Membership Agreement, if you agree to all of its terms, then type the words "I accept" where indicated. After you "accept" the RLC Membership Agreement, you may proceed with your purchase of a membership in the RLC. You'll be bound by both the HWC Agreement and this RLC Membership Agreement whenever you participate in the RLC. It's your responsibility to read this RLC Membership Agreement and keep apprised of any changes to it. We may update or modify this RLC 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 RLC features. The updates and modifications will be binding on you from the time that we post them. We encourage you to review the most current version of this RLC Membership Agreement on our site on a regular basis. Any updates or modifications that we make to this RLC Membership Agreement will be binding on you even if you choose not to read them. If you don't accept the HWC Agreement or this RLC Membership Agreement, then you can't become a member of the RLC.
1. The Hot Wheels Red Line Club
The RLC includes several features, and they may vary from time to time in our sole discretion. To learn more about the RLC and its features, please see our Hot Wheels Red Line Club Membership Overview, which are incorporated herein by this reference and are a material part of this RLC Membership Agreement. Unless we expressly tell you otherwise, all new features that we provide to modify, supplement, or improve the RLC will be subject to this RLC Membership Agreement and any other terms and conditions that we may announce. RLC benefits vary from year to year, and benefits offered in a prior year may not be provided in later years. As with the HWC, we merely provide the Service and the RLC; you must obtain and maintain at your sole cost all other services and items for you to use and enjoy the Service and the RLC, including, without limitation, access to the World Wide Web. Your membership in the RLC and use of the RLC section of the HWC site is also subject to the general Terms and Conditions that apply to all visitors to the HWC site. For more information, please see our General Terms and Conditions.
2. Eligibility
Membership in the RLC is offered worldwide (except as provided below) to persons who are at least 18 old on or before the date that he or she registers for the RLC. You also must have a valid credit card at the time you sign up for the RLC. 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 RLC. The countries included as Prohibited Countries may be modified by Mattel in its sole discretion. By joining the RLC, you represent and warrant that you meet all eligibility requirements.
3. Membership Address and Shipping
The address that you include in your RLC 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 RLC but we will be unable to ship physical items to you and you forfeit all RLC 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 Limitation
Membership is limited to one per person and not more than 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.
5. Membership for Calendar Years Only
Your membership in the RLC commences on the day that you complete the RLC 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 RLC Membership Agreement. We reserve the right to extend your membership beyond the Term.
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 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 RLC (including any applicable taxes) ("Membership Fees") at the rates in effect when the charges were incurred. We will immediately bill all charges for the RLC 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 RLC.
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 support@HotWheelsCollectors.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 RLC at the end of each session. We reserve the right to refuse membership to the RLC to you or any third party.
9. Prohibited Use of RLC Content
Any unauthorized copying duplication or distribution of any content appearing in or in connection with the RLC, whether originating from us or any third party ("RLC Content"), including, without limitation, content that is modified, merged, or included with RLC 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 RLC 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 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.
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 RLC, your use of the Services, and/or your violation of this RLC Membership Agreement.
12. Absolute Right to Suspend or Terminate Your Membership in the RLC
You may terminate this RLC Membership Agreement and your right to use the RLC and its features at any time by sending an email to support@HotWheelsCollectors.com. Although you may terminate your right to use the features of the RLC, 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 RLC, and your use of any or all of the features of the RLC, if we believe in our sole discretion that you have violated this RLC Membership Agreement or the HWC Agreement, all without notice or liability to you or anyone else. You agree that any termination of your access to the RLC under any provision of this RLC 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 RLC. Further, you agree that we will not be liable to you or any third party for any termination of your access to the RLC. 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 RLC 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 RLC, 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 RLC, RLC Features, and RLC Content
We may, in our sole discretion, decide to not offer the RLC 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 RLC feature or item of RLC 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 HWC site (including the RLC) and any necessary software used in connection with the HWC site or the RLC ("Software"), which is a part of the RLC 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 RLC or advertisers, which is also a part of the RLC 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 RLC 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 RLC. You agree not to access the RLC by any means other than through the interface that is provided by Mattel for use in accessing the RLC. If you do not comply with this provision, Mattel reserves the right to terminate your membership in the RLC 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 RLC from a location outside the United States or Canada, you may not enjoy all or portions of the benefits of the RLC. Those who choose to join or to access the RLC 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 RLC 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 Policy. Please review our Privacy Policy and the HWC 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 HWC Agreement and our Privacy Policy. 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 service@mattel.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.
© 2007 Mattel, Inc. All Rights Reserved.