MONSTER HIGH COLLECTORS FANG CLUB MEMBERSHIP AGREEMENT

Welcome to Mattel Europa B.V.’s Monster High Collectors Fang Club ("Fang Club") and related services (collectively referred to as the "Services") at MattelCreations.com (“our site”). Mattel Europa B.V. and its affiliates (collectively referred to as "Mattel", "we" or "us") provide membership in Fang Club subject to the terms and conditions in this Monster High Collectors Fang Club Agreement ("Fang Club Membership Agreement"). You must agree to the Mattel Terms and Conditions of Website Use and create an account on our site 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 Fang Club Membership Agreement is silent, the terms of the Mattel Terms and Conditions of Website Use will prevail. Kindly note that any purchases made through the Fang Club and any Services acquired are also subject to Mattel’s Terms and Conditions for online purchases.

It is critical that you read this Fang Club Membership Agreement in its entirety before purchasing a membership in the Fang Club. It contains important information that addresses eligibility, limitations and prohibited conduct. It outlines economic and other obligations that you agree to 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 Fang Club Membership Agreement, if you agree to all of its terms, you can add the Fang Club Membership to your cart and then check the box acknowledging that you accept the terms of the Membership Agreement on the product page. Your membership registration will not be deemed completed unless you agree to the Membership Agreement and complete all the steps required to register in Fang Club as detailed below. You'll be bound by the Mattel Terms and Conditions of Website Use, Mattel Terms and Conditions for online purchases and this Fang Club Membership Agreement whenever you participate in the Fang Club. It's your responsibility to read this Fang Club Membership Agreement and keep apprised of any changes to it. We may update or modify this Fang Club 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. The updates and modifications will be binding on you from the date that you visit the Fang Club. We encourage you to review the most current version of this Fang Club59 Membership Agreement on our site on a regular basis. Any updates or modifications that we make to this Fang Club Membership Agreement will be binding on you even if you choose not to read them. However, please note that the terms which apply to any purchases made will be those in force at the time you submitted an order to us.

1. The Fang Club

The Fang Club includes several features, and they may vary from time to time in our sole discretion. To learn more about the Fang Club and its features, please see our Fang Club Membership FAQs. Unless we expressly tell you otherwise, all new features that we provide to modify, supplement, or improve the Fang Club will be subject to this Fang Club 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 Services and the Fang Club; you must obtain and maintain at your sole cost all other services and items for you to use and enjoy the Services and the Fang Club, including, without limitation, access to the World Wide Web.

2. Eligibility

Membership in the Fang Club is available to residents of the United Kingdom. You must be at least 18 years old on or before the date of registration. You also must have a valid credit card at the time you sign up for Fang Club. By joining the Fang Club, you represent and warrant that you meet all eligibility requirements.

3. Membership Address and Shipping

The address that you include in your Fang Club registration must be in the United Kingdom. Please note that you will be unable to create a membership if your billing and shipping address is outside of the United Kingdom.

4. Membership Limitation

Membership is limited to one account per person and e-mail address, and a maximum of five accounts are permitted per household. You are prohibited from becoming a member under more than one name, email address, or at more than one address. If we identify or reasonably suspect that you have exceeded these limitations, we reserve the right to suspend, or, in exceptional circumstances, terminate your membership without providing a refund, reimbursement, or credit of any 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. Length of membership

Your membership in the Fang Club commences on the day that you complete the Fang Club registration process. (“Registration”). Your membership is valid for one (1) year from the date of Registration ("Term"), unless terminated earlier pursuant to this Fang Club Membership Agreement. If you renew your Registration, your membership will be valid for an additional Term unless terminated in accordance with this Fang Club Membership Agreement.

6. Registration

You must provide Mattel with accurate, complete, and updated information (the "Registration Information") when completing our online registration form. If you provide us with any Registration Information or other information that is not truthful, complete, or up-to-date, or if we have grounds to suspect that any of it is not 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 user name 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 user name that Mattel, in its sole discretion, deems inappropriate, vulgar, or offensive.

7. Fees and Payments

You agree to pay the membership fees (including any applicable taxes) at the rates in effect when the charges were incurred (“Membership Fees”). We will immediately bill the Membership Fees to your designated credit card. You warrant that your use of the designated 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 Membership Fees are refundable within fourteen (14) days of purchase if you have not accessed any member only Services. If you cancel your Fang Club membership within this period, and you have accessed member only Services, you agree that we may deduct a pro-rata fee for the Services already provided.

8. User name and Password; Liability for Activities

You are responsible for maintaining the confidentiality of your user name, e-mail address, and password, and are solely responsible for all activities (including purchases) that occur under your user name, e-mail 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 user name or password, and (b) ensure that you log off from the Fang Club at the end of each session. We reserve the right to refuse membership to the Fang Club to you if you are in breach of the terms contained in this clause.

9. 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 the 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.

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 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.

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 party, or on account of the investigation, defense, or settlement thereof, arising in connection with your membership in the Fang Club, your use of the Services, and/or your violation of this Fang Club Membership Agreement.

12. Absolute Right to Suspend or Terminate Your Membership in the Fang Club

You may terminate this Fang Club Membership Agreement and your right to use Fang Club and its features at any time. To do so, Contact Us. You agree that we, in our sole discretion, may suspend or terminate your user name, password, membership (or any part thereof) in the Fang Club, and your use of any or all of the features of the Fang Club, if we have justifiable grounds to believe that you have violated this Fang Club 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 the Fang Club under any provision of this Fang Club 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., EU or U.K. 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 suspends or terminates your membership due to a material breach of this clause, you will not be entitled to a refund, reimbursement, or credit of any Membership Fees.

13. Absolute Right to Remove or Discard User Content

Whenever you make use of a feature that allows you to create User Content (defined below), upload or share User Content, or to make contact with other Fang Club members, you must comply with the standards set out in our Community Usage Rules.

We will consider any User Content you upload to our site to be non-confidential and not protected by any trade mark, patent or copyright ("non-proprietary"), that is, in the public domain. You own the User Content, but you are required to grant us a limited licence to use, store and copy that User Content, and to distribute and make it available to others.

We have the right to remove any User Content on our site if, in our sole discretion, the User Content does not comply with the acceptable use standards set out in our Community Usage Rules, or if it violates our brand ethos.

If you wish to contact us in relation to User Content you have uploaded to our site and that we have taken down, please contact us here.

All information, data, text, software, music, sound, photographs, graphics, video, messages, statements, opinions, and other information or materials that you create in Fang Club and that does not originate directly from Mattel, whether publicly posted or privately transmitted, is referred to as the "User Content."

14. Absolute Right to Terminate Fang Club, Services, and Fang Club Content

We may, in our sole discretion, decide to not offer the Fang Club after December 31 of the year that you complete Registration. Should we cancel the Fang Club at the end of a specific year, you will be provided with either a pro-rata refund, reimbursement or credit.

We may also, in our sole discretion and at any time, remove any Services, or Fang Club Content. Should this materially affect your use of Fang Club, you will be offered the option to terminate your Fang Club membership and receive a pro-rata refund of the Membership Fees. Please contact our dedicated support team here for more information.

15. Mattel's Proprietary Rights

You acknowledge and agree that our site (including the Fang Club) and any necessary software used in connection with our site ("Software"), which is a part of the Fang Club Content, contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by us, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on, in whole or in part, the Fang Club 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 Fang Club. You agree not to access the 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.

16. Limitation of Liability to Amount Paid by You

WE WILL NOT 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 SERVICES 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 THE SERVICES 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. Other Policies and Procedures

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

a. Privacy Statement and Rights.

This Fang Club Membership Agreement, and the collection, processing, transfer and use of your personal data is subject to the Mattel Privacy Statement found at https://shopping.mattel.com/en-gb/pages/privacy-statement (the “Privacy Statement”). To exercise certain privacy rights that may be applicable to your local region see the “Your Privacy Rights” section of the Privacy Statement here: https://www.mattel.com/en-gb/privacy-statement#anchor-Your-Privacy-Rights. To update your contact information and preferences on how we contact you, please use My Account. To access the personal information we hold about you, please Contact Us.

b. Additional 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 Services. 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.

19. Governing law and jurisdiction

The terms contained in this Fang Club Membership Agreement shall be governed by the law of the Netherlands. This choice of law shall not affect any further protection that you have based on the mandatory provisions of the law that would apply without this provision. The United Nations Conventions of Contracts for the International Sale of Goods is expressly excluded.

These terms were last updated on 19 December 2024.