Warning: This Service (as defined below) is an open network provided for your convenience and its use is at your own risk. It is available to the general public, and it is NOT INHERENTLY SECURE. The providers and Mattel Inc. (hereinafter “Mattel”) cannot and do not guarantee the privacy of your data and communication using this Service. BEFORE USING THE SERVICE, please carefully read through this agreement (the “Agreement”) which sets out the terms and conditions whereby Mattel is providing to you free of charge, as a customer/guest at a Mattel location, wireless Internet access (“the Service”).
Service is provided “AS IS”. The Service is provided on an “as is” basis, “as available” basis without warranties of any kind, wither express or implied. For greater certainty, any warranty, condition, representation, indemnity and/or guarantee of any kind with respect to the Service, including any content accessed or activities performed using the Service or the operation, performance, reliability, capacity, speed, functionality or capability of the Service itself, whether express or implied, arising by law, custom, prior oral or written statements by Mattel, or otherwise (including, but not limited to any warranty of satisfactory quality, merchantability, fitness for a particular purpose, title and non-infringement) are hereby overridden, excluded and disclaimed. You acknowledge and agree that Mattel’s ability to provide the Service to you free of charge is based on the limitation of liability specified in this section and it would require a substantial charge if any of these provisions were unenforceable.
Service at the discretion of Mattel. The provision of the Service, as well as your access thereto, is completely at the discretion of Mattel. At any time for any reason, Mattel reserves the right to terminate or withdraw the Service, change the specifications or manner of use of the Service, to change (or, where applicable, require you to change as a condition for continued access to the Service) the terms and/or conditions for access, including codes, usernames, passwords or other security information necessary to access the Service. Access to the Service may be blocked, suspended, or terminated at any time for any reason or no reason including, but not limited to, violation of this Agreement, actions that may lead to liability for Mattel, disruption of access to other users or networks, and/or violation of applicable laws or regulations.
Disclaimer You acknowledge that the Service may not be uninterrupted or error-free; that your device may be exposed to viruses or other harmful applications through the Service; That Mattel does not guarantee the security of the Service and that unauthorized third parties may access your computer or files or otherwise monitor your connection or use of the Service, including any content accessed or viewed via the Service; Accordingly, you agree and acknowledge neither Mattel nor the provider of the Service is liable for any interception or transmissions, computer worms or viruses, loss of data, file corruption, hacking or damage to your computer or other devices that result from the transmission or download of information or materials through the Service. Use of the Service is subject to the general restrictions outlined below. If abnormal, illegal, or unauthorized behavior is detected, including heavy consumption of bandwidth, Mattel reserves the right to permanently ban the offending device from accessing the Service.
Acceptable use of the Service. You must not use the Service to access websites, Internet services, or send or receive e-mails or other forms of electronic messaging or communications, which:
Music, video, pictures, text and other content on the internet are copyright works and you should not download, alter, e-mail or otherwise use such content unless certain that the owner of such works has authorized its use by you.
You must not use the Service to access illegally (or without authorization) computers, accounts, equipment or networks belonging to another party, or attempting to penetrate security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans, pinging, flooding, mail-bombing, denial of service attacks, or other information gathering activity.
You must not use the Service to distribute internet viruses, trojan horses, or other destructive software.
The Service is intended for Mattel guest use only. Access to this Service must not be used for commercial activity.
We may terminate or temporarily suspend the Service if we reasonably believe that you are in breach of any provisions of this agreement including but not limited to clauses above.
We recommend that you do not use the Service to transmit or receive any personal, sensitive or confidential information or data and should you choose to do so, you do so at your own risk.
Criminal Activity. You must not use the Service to engage in any activity which constitutes or is capable of constituting a criminal offence, either in the United States or in any country throughout the world.
You agree and acknowledge that we may be required to provide assistance and information to law enforcement, governmental agencies and other authorities. You further agree we are entitled to co-operate with law enforcement authorities and rights-holders in the investigation of any suspected or alleged illegal activity by you which may include, but is not limited to, disclosure of such information as we have (whether pursuant to the following clause or otherwise), and are entitled to provide by law, to law enforcement authorities or rights-holders.
You agree and acknowledge that we filter your activity while you use this Service, restrict access to certain sites, and automatically keep a log of MAC addresses of any devices which access the Service, the times when they have accessed the Service and the activity associated with that address.
Other terms. UNDER NO CIRCUMSTANCES WILL MATTEL, its Family of Brands, or Affiliates BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:
The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Mattel was advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action of contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God, telecommunications failure, or destruction of the Service).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE TOTAL LIABILITY OF MATTEL TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THIS USER AGREEMENT, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID MATTEL IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLY THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY PRODUCT WARRANTY THAT IS PROVIDED BY A MANUFACTURER OF A PHYSICAL PRODUCT.
You agree to indemnify and hold harmless Mattel and its suppliers, licensors, officers, directors, employees, agents and affiliates from any claim, liability, loss, damage, cost, or expense (including without limitation reasonable attorneys’ fees) arising out of or related to your use of the Service, any materials downloaded or uploaded through the Service, any actions taken by you in connection with your use of the Service, any violation of any third party’s rights or an violation of law or regulation, or any breach of this agreement. This Section will not be construed to limit or exclude any other claims or remedies that Mattel may assert under this Agreement or by law.
This Agreement shall not be construed as creating a partnership, joint venture, agency relationship or granting a franchise between the parties. Except as otherwise provided above, any waiver, amendment or other modification of this Agreement will not be effective unless in writing and signed by the party against whom enforcement is sought. If any provision of this Agreement is held to be unenforceable, in whole or in part, such holding will not affect the validity of the other provisions of this Agreement.
This Agreement constitutes the complete and entire statement of all terms, conditions and representations of the agreement between you and Mattel with respect to its subject matter and supersedes all prior writings or understanding.
The laws applicable to the interpretation of these Terms and Conditions shall be the laws of the state of Wisconsin without reference to its conflict of law provisions.
WHETHER IN COURT, SMALL CLAIMS COURT, OR ARBITRATION, YOU AND WE MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION.
IF YOU DO NOT AGREE WITH THESE TERMS, INCLUDING CHANGES THERETO, DO NOT ACCESS OR USE THE SERVICE. BY USING AND/OR ACTIVATING SERVICE AND/OR CLICKING THE ACCEPT BUTTON ON THE LANDING PAGE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT IN RELATION TO YOUR ACCESS AND/OR USE OF THE SERVICE.