TERMS AND CONDITIONS OF WEBSITE USE
Effective Date: FEBRUARY 14, 2013
The Website (defined below) is provided by CJ Products, LLC., owner of Pillow Pets(R). These “Terms and Conditions of Website Use” (this “User Agreement”) govern your use of the Website, regardless of how you access or use it. By “Website”, we mean the Internet domain address within which this User Agreement is posted and all features, applications, content, and downloads that are operated by us and that are available through or interact with it, and/or post links to this User Agreement.
IF YOU’RE UNDER THE AGE OF MAJORITY (which is 18 years old in most states), then your parent or guardian may be liable for some or all of your activities on the Website. Because of this, and because it’s prudent for your parent or guardian to be aware of your activities, including the websites that you visit, you should make your parent or guardian aware that you are using the Website – as this User Agreement and your use of the Website affect their legal rights and obligations.
IF YOU WANT TO USE THIS WEBSITE, then carefully read this User Agreement, as it constitutes a written agreement between you and Mattel and it affects your legal rights and obligations.
Each time you access and/or use the Website (other than to simply read this User Agreement), you agree to be bound by and comply with all of the terms of this User Agreement and any Additional Terms (defined below). Therefore, do not use the Website if you do not agree to all of the terms of this User Agreement and any Additional Terms.
The business realities associated with operating the Website are such that, without the limitations that are set forth in this User Agreement — such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and our arbitration of certain disputes — CJ Products would not make the Website available to you.
Summary of Key Terms
It’s important that you read this entire User Agreement; but, here are some of the more significant terms that we want to bring to your attention:
Each time you use the Website, this User Agreement applies to your use. Any updates to it will apply to you; so you should check back frequently for any updates.
You may only use the Content on the Website in connection with your permitted activities on the Website – and not in an offline environment or on another website. (See Sections 1(C), 2(B), 3(A), and 3(B) below.) You may not use the Website for commercial, political, or inappropriate purposes. (See Sections 1(C), 2(B), and 3(A) below.)
By using the Website, you will not obtain any ownership or intellectual property or other interest in it or any virtual or other items that may be used in connection with it. (See Sections 1(B), 1(C), and 9 below.)
Except as set forth in the Privacy Statement that applies to the Website, you and Mattel do not have a confidential, fiduciary, or any other special relationship by virtue of your use of the Website or your communications to CProducts, Pillow Pets through or related to the Website. (See Sections 2(A)(ii) and 7 below.)
Many types of disputes that may arise in connection with your access to and use of the Website may only be resolved by arbitration – which includes your waiver of a right to a jury trial. (See Section 13 below.)
CJ Products is providing the Website to you on an “as is” basis, without any warranty of any kind, and CJ Product’s liability to you in connection with your use of the Website is very limited. (See Sections 14 and 15 below.) Many other limitations and disclaimers relate to your use of the Website. (See Sections 13(D) and 16 below.)
In some instances, both this User Agreement and separate guidelines, rules, or terms of service or sale setting forth additional or different terms and/or conditions will apply to your use of the Website or to a service or product offered via the Website (in each such instance, and collectively, “Additional Terms”). To the extent there is a conflict between this User Agreement and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Please also review the terms of the Website’s Privacy Statement.