Mattel, Inc.
Mattel Partners Website
Terms and Conditions
Updated February 2005.
This Internet Website is provided by Mattel, Inc. and its affiliates and subsidiaries (collectively, "Mattel" and "we") for the benefit and convenience of Mattel’s customers and other authorized entities that have received a user code and password giving them access to this site. Your use of this Website is subject to these Terms and Conditions of Website Use (the "User Agreement"). Please read this User Agreement and the other information referred to in this User Agreement carefully and be sure you understand it, since it is a legally binding agreement that contains important information about our Website and your permitted use of it. From time to time we may unilaterally modify this User Agreement, so it is important that you review this User Agreement every time you use this Website.This site contains artwork belonging to Mattel, as well as product logos, digital images of selected Mattel products, written product descriptions, Universal Data Sheets and "planogram" images (collectively, the "Content"). Use of this Website and the viewing and/or downloading of the material maintained on the site constitute your agreement to be bound by and comply with all of the terms of this User Agreement. If you do not agree to all of the terms of this User Agreement, then you may not use this Website.
Right To Use Content
Authorized users have the right to view and download the
images, descriptions and logos of Mattel products from this site for use solely
in print or Internet advertising, or for use on the user’s Website.
Any other use of these images must be approved by the Vice President, Sales in writing.
Authorized users shall only use the "planogram" images and Universal Data Sheets for legitimate purposes necessary to support their business relationship with Mattel.
The user shall not modify or alter the product images, logos or Universal Data Sheets in any way.
The user may modify the product description but agrees that user shall be liable for any claims or suits related to such modifications, including, but not limited to, misuse or unauthorized use of a third party’s copyrights, trademarks or other intellectual property or breach of any representations or claims made as a result of such modification. User further agrees that any modifications shall not denigrate the product or cause the product and/or Mattel to be viewed in a negative light.
Any trademark markings shall not be deleted or otherwise changed. User shall include the following copyright legend on the material: © 2019 Mattel, Inc. All Rights Reserved.
Downloading and use of the material on this Website does not grant user any right under any copyright or any other intellectual property right to the material apart from the right to use for lawful and legitimate business purposes as provided herein.
Mattel reserves the right to terminate this User Agreement, with or without cause, at any time without notice. Upon termination the user is required to delete or destroy all materials from this site in its possession and confirm such destruction by written notice to Vice President, Sales.
Confidentiality of Material developed on this Site
Information and images on products displayed or described on this site may be made available
for viewing and downloading before actual first shipment of the product to a
retail customer. As such, the product information is confidential and should
not be disclosed or access given to any third party or to any employee, agent
or contractor of the authorized user (except those employees whose duties
require access to such information). To protect the confidentiality of such
material, you agree to undertake the same steps and precautions utilized to
protect the confidentiality of your own trade secrets and proprietary
information. To protect the integrity of the site and confidentiality of the
information on the site, user is responsible for maintaining the security of
his or her user code and password. If user provides a user code and password to
an employee or third party, then user is responsible for ensuring the
confidentiality and integrity of the site and the material stored on the site.
If a party obtains access to the site as a result of being granted access to a
user’s code and password and causes damage to the site or the information
contained on the site, the user shall be held responsible and agrees to
indemnify and reimburse Mattel for the cost of repairing the site or restoring
the information on the site that has been damaged.
Privacy
We do not collect or gather any personal information about our site’s users that is
not directly related to their commercial/business relationship with Mattel, nor
do we share information about our users with third parties.
Mattel uses "cookies" to help us enforce access control and to track the total number of visitors in an aggregate form. The cookie technology will only be used to track non-personal information such as one’s type of browser, operating system, and domain name to customize the site for each visitor and to improve the visitor’s online experience. We occasionally use other technology, called clear GIFs, to provide us with other important anonymous information, such as when an e-mail has been opened. These tools help us understand features that interest our site visitors.
Disclaimer
The material in this site may include technical inaccuracies or other errors. Use
and downloading of material from the Website is at your own risk. Neither
Mattel nor any other party involved in creating, producing, or delivering the
site shall be liable for any direct, incidental, consequential, indirect, or
punitive damages arising out of your access to, or use of, the site. Mattel
does not warrant that the functional aspects of the Website will be uninterrupted
or error-free, or that the Website server or the downloaded material will be
free of viruses or other harmful components. Mattel recommends the use of
standard industry anti-virus software that automatically checks for and clears
viruses. If your use of this Website or the material contained on the Website
results in the need for servicing or replacing any property, material,
equipment, data or other item, Mattel is not responsible for those costs.
Without limiting the foregoing, everything on the site is provided to you
"AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS
PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THIS WEBSITE TO YOU.
Please note that some jurisdictions may not
allow the exclusion of implied warranties, so some of the above exclusions may
not apply to you.
General Provisions
Mattel may revise this User Agreement from time to time by updating or revising this
posting, with the revised terms taking effect as of the date of its posting.
Mattel controls and operates this site from its headquarters in El Segundo, California,
United States of America and makes no representation that these materials are
appropriate or available for use in other locations. If you use this Website
from other locations, you are responsible for compliance with applicable local
laws. Mattel products are available in many parts of the world. However, this
Website may describe products that are not available worldwide. If any portion
of this User Agreement is held to be unenforceable, the unenforceable portion
shall be construed in accordance with applicable law to the greatest extent
possible and the remainder of the provisions shall remain in full force and
effect. Any cause of action you may have with respect to this Website must be
commenced within one year after the claim or cause of action arises or such
claim or cause of action is barred. This User Agreement will be governed by and
construed in accordance with the laws of the State of California, United States
of America, without regard to its conflicts of law provisions. Any legal action
or proceeding relating to your access to, or use of, the Website or Mattel’s
material must be instituted in state or federal court in Los Angles County,
California.
Copyrights
You should assume that everything you see or read on the Website is copyrighted
unless otherwise noted, and may not be used except as provided in this User
Agreement or in the text on the Website without the written permission of
Mattel. Mattel neither warrants nor represents that your use of materials
displayed on the Website will not infringe upon rights of third parties not
owned by or affiliated with Mattel. All Content displayed on the Website is
either the property of, or used with permission from, Mattel. The use of these
materials by you, or anyone else authorized by you, is prohibited unless
specifically permitted by this User Agreement or specific permission provided
elsewhere on the Website. Any unauthorized use of the images may violate
copyright laws, trademark laws, the laws of privacy and publicity, and
communications regulations and statutes.
Trademarks
The trademarks, logos, and service marks (collectively, the "Trademarks")
displayed on this Website are registered and unregistered trademarks of Mattel
and third parties. Nothing contained on the site should be construed as
granting, by implication, estoppel, or otherwise, any license or right to use
any Trademark displayed on this Website without the written permission of
Mattel or such third party that may own the Trademark displayed on the site.
Your misuse of the Trademarks displayed on the site, or any other content on
the site, except as provided herein, is strictly prohibited.
