Terms and Conditions for Website Use

Updated October 2010.

This Website is provided by Playmates Toys, Inc. Your use of this Website is subject to these Terms and Conditions of Website Use (the "User Agreement"), and you acknowledge that your ability to use the Website constitutes good and valuable consideration for your agreement to these Terms. Please read this User Agreement and the other information referred or linked 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 our Terms & Conditions. When this occurs, we will post notification on the home page of our Website.

  1. Right to Use this Website
    PLAYMATES TOYS grants you a limited, non-exclusive, revocable license for you to use this Website for your personal entertainment, information, education, and communication, upon all of the terms of this User Agreement. This Website contains materials and other items relating to PLAYMATES TOYS and its products (collectively, the "Content"). The Content may be in the form of information, text, data, images, graphics, button icons, registered and unregistered trademarks, illustrations, photographs, audio clips, music, sounds, pictures, videos, software, or other forms and formats now known or later invented. In using this Website, you must respect the intellectual property rights of PLAYMATES TOYS and others, all as outlined below. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
  1. Copyrights
    All Content, except for User-Generated Content (defined in Section 7 below) is copyrighted, and it is either owned or used with permission by PLAYMATES TOYS. PLAYMATES TOYS disclaims any representation or warranty that your unauthorized use of Content will not infringe upon rights of third parties not owned by or affiliated with PLAYMATES TOYS.
    Except as set forth in this User Agreement or in the text of this Website, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content.
    Except where noted, the trademarks and logos displayed on this Website are owned by PLAYMATES TOYS (collectively, the "Trademarks", which also constitute Content).
    Nothing contained on this Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademark. You may download one copy into temporary storage on one personal computer for your personal, non-commercial, non-political, non-networked viewing and use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. The foregoing limited right does not give you any ownership of any Content. Except as expressly provided above, nothing contained in this User Agreement may be construed as conferring to you (by implication, estoppel, or otherwise) any license or right to any Content under any copyright or any other intellectual property right.
  1. Trademarks
    Except where noted, the trademarks and logos displayed on this Website are owned by PLAYMATES TOYS (collectively, the "Trademarks", which also constitute Content).
    Nothing contained on this Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademark.
  1. Your Communications to Hearts For Hearts Girls/PLAYMATES TOYS; PLAYMATES TOYS Rights to Your Submissions
    Hearts For Hearts Girls/PLAYMATES TOYS likes to hear from you. However, in your communication with us ("Your Submissions"), please keep in mind that, unless it specifically requests them, PLAYMATES TOYS does not accept or consider any ideas or suggestions relating to products, services, marketing plans, or any other matters. Any such submissions and any questions, comments, answers, suggestions, or the like submitted by you to PLAYMATES TOYS via this Website will be treated as non-confidential and nonproprietary, and PLAYMATES TOYS will not assume any responsibility, obligation, or liability for them or for PLAYMATES TOYS’s receipt or non-receipt of them. PLAYMATES TOYS’s receipt of Your Submissions is not an admission by PLAYMATES TOYS of their novelty, priority, or originality, and it does not impair PLAYMATES TOYS’s right to contest existing or future intellectual property rights relating to Your Submissions.
    You grant PLAYMATES TOYS a non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right and license to reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit Your Submissions throughout the world in any and all media. You represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) Your Submissions are accurate and, as permitted to be used by PLAYMATES TOYS in this User Agreement, do not and will not infringe any right of any third party.
    When you send e-mail to us, you are communicating with us electronically and you consent to receive communications from us electronically. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  1. Use Restrictions
    You agree that you will not: (a) use this Website for any commercial or political purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products); (b) monitor, gather, or copy Content on this Website by using any robot, "bot", spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (c) frame or utilize framing techniques to enclose any Trademark or other proprietary information (including, without limitation, any images, text, or page layout); (d) use any meta tags or any other "hidden text" utilizing any Trademarks; (e) engage in any activities through or in connection with this Website that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, or abusive, or that violate any right of any third party; or (f) engage in any activity that interferes with a user’s access to this Website or the proper operation of this Website. You also agree that, in using this Website, you will not impersonate any person or entity. You further agree that you are responsible for all activity conducted through your login and password, and that you will keep your password confidential.
  1. User Generated Content
    PLAYMATES TOYS may elect to offer visitors, the opportunity to post, upload or otherwise make available materials to this Website intended for public view, including without limitation, photographs and ratings and reviews, ("User-Generated Content"). In such events, Hearts4HeartsGirls.com/PLAYMATES TOYS will not assume any obligation to monitor, filter, censor, edit, or regulate the User-Generated Content on this Website, although Hearts4HeartsGirls.com/PLAYMATES TOYS reserves the right (but does not assume any obligation), in its sole discretion, to do so and to refuse to post User-Generated Content, or to remove, change, condense, delete, or revise any User Generated Content that Hearts4HeartsGirls.com/PLAYMATES TOYS deems to violate its posting guidelines or this User Agreement. Hearts4HeartsGirls.com/PLAYMATES TOYS does not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any User-Generated Content, or represent or make any representations or warranties regarding the accuracy or propriety of User-Generated Content. All User-Generated Content on this Website is presented on an "AS-IS" basis.
    By posting, uploading, or otherwise making available to Hearts4HeartsGirls.com/PLAYMATES TOYS any User-Generated Content, you represent and warrant that; (a) you are the sole author and owner of the intellectual property rights thereto, or have a lawful right to submit, display, upload or post such User-Generated content without the consent of any third party; (b) all "moral rights" that you may have in such User-Generated Content have been voluntarily waived by you; (c) all such User-Generated Content is accurate; and (d) such User-Generated Content shall not violate this User Agreement, any guidelines outlined on the Website in connection, or cause injury or harm to any person. You also agree not to post, upload or otherwise make available to this Website User Generated Content that: (a) is false, deceptive, misleading, or deceitful, or for which you were compensated or granted any consideration by any third party; (b) is defamatory, libelous, obscene, pornographic, threatening, abusive, violent, illegal, rude, harassing, pornographic, invasive of another’s privacy, racially or religiously biased or offensive, or otherwise improper or objectionable content, (c) includes any personally identifiable information about another person without that person’s consent or, if the person is a minor, the consent of his or her parent or legal guardian; (d) infringes another party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising) or encourages conduct that constitutes a criminal offense or results in civil liability; (f) includes links to commercial services or websites, promotes any commercial activity, or includes the name of any entity other than Playmates Toys, Inc. and/or any references to such entities’ products or services; (g) contains any viruses, worms, bots, Trojan horses or other potentially damaging computer programs, malware or files.
    You shall be solely responsible and liable for your User-Generated Content, as well as any activity or transactions that occur under your user name or any account or registration, any infringement by your User-Generated Content of the copyright, trademarks or other proprietary rights of PLAYMATES TOYS or any third party, and any other harm resulting from your User-Generated Content or the use of your account or registration.
    You grant Hearts4HeartsGirls.com/PLAYMATES TOYS a non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right and license to reproduce, distribute, publish, transmit, modify, adapt, translate, display, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit your User-Generated Content throughout the world in any and all media.
    Hearts4HeartsGirls.com/PLAYMATES TOYS reserves the right, in its sole discretion, to adopt additional posting guidelines or rules and to change or modify the guidelines or rules at any time.
  1. Investigations; Cooperation with Law Enforcement; Termination
    PLAYMATES TOYS reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of its Website security or its information technology or other systems or networks, (b) investigate any suspected breaches of this User Agreement, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of this User Agreement to the full extent of the law, and (e) discontinue this Website or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever.
  1. Privacy and Security Measures
    PLAYMATES TOYS must collect certain information in order to operate this Website and to fulfill your requests or enable participation in certain online activities. But PLAYMATES TOYS respects the privacy of its visitors, and is especially mindful of protecting the privacy of young children visiting our site. Please click here to review our Privacy Policy.
    We have adopted reasonable security measures to protect against the loss, misuse, and alteration of the personal information under our control. Vendors, service providers, and others who help us make this Website and our products and services available must sign confidentiality agreements; they are not permitted to use personal information except in connection with their services to PLAYMATES TOYS. Nevertheless, we cannot guarantee complete security of personal information.
  1. Disclaimers and Limitations of Liability
    This Website may include technical inaccuracies or other errors, and your use and browsing of this Website is at your risk. This website is provided to you "as is" and "as available", without warranty of any kind, either expressed or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, PLAYMATES TOYS does not warrant that this website will meet your requirements or achieve a particular result, or that your use of this website will be uninterrupted or error-free, or that this website or the server that makes it available are free of viruses or other harmful components. If your use of this website or the material contained on this website results in your need to service or replace any property, material, equipment, data, or other item, then /PLAYMATES TOYS will not be liable for those costs. Without limiting the generality of the foregoing sentences, Hearts4HeartsGirls.com/PLAYMATES TOYS will not be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your use of this website. 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. Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: "A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
  1. Links by You to this Website
    You are granted a limited, non-exclusive, revocable right to create hyperlinks to this Website, so long as: (a) the links only incorporate text, and do not use any Trademark graphics, (b) the links and related content on your site do not suggest any affiliation with Hearts4HeartsGirls.com or PLAYMATES TOYS or cause confusion among consumers, (c) the links and related content on your site do not portray PLAYMATES TOYS or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and (d) the links and related content on your site are not operated for any commercial purposes.
  1. Links on this Website to and from Other Sites
    This Website may contain links to or from third-party sites ("Linked Sites"), including, without limitation, sites operated by advertisers, licensors, licensees, and promotional and business partners of PLAYMATES TOYS. PLAYMATES TOYS has no control over the content of Linked Sites, and PLAYMATES TOYS does not assume any obligation to review any Linked Sites. PLAYMATES TOYS does not endorse, approve, or sponsor any Linked Sites, or any content, advertising, information, materials, products, services, or other items on or available on or from them, and PLAYMATES TOYS disclaims all liability in connection therewith. Any activities you engage in connection with a Linked Site is subject to the privacy policy, conditions of use, and other terms imposed by the operator of the Linked Site and PLAYMATES TOYS disclaims all liability in connection therewith.
  1. Banners, Advertisements, and Promotions
    We reserve the right to post banners, advertisements, promotions, and similar content throughout this Website. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through this Website (including via Linked Sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, and the like). PLAYMATES TOYS disclaims all liability in connection with therewith.
  1. General Provisions
    1. Indemnity
      You agree to indemnify, defend, and hold harmless PLAYMATES TOYS (which includes PLAYMATES TOYS’s affiliates and subsidiaries) and its officers, employees, agents, business partners, licensors, and licensees from any damages, liabilities, costs, and expenses (including reasonable 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 use of this Website.
    2. Revisions to this Website and this User Agreement
      PLAYMATES TOYS may, in its sole discretion, make changes to any aspect of this Website, including, without limitation, any Content, any activities available on this Website, and any products or services offered through this Website. PLAYMATES TOYS may also, in its sole discretion, revise this User Agreement by updating or revising this document, with the revised terms taking effect 30 days from the date of its posting. Continued use of this Website following the effective date of any such changes constitutes your acceptance of those changes.
    3. Operation of Website; Availability of Products and Services
      PLAYMATES TOYS controls and operates this Website from its headquarters in El Segundo, California, in the United States of America, and PLAYMATES TOYS makes no representation that this Website is appropriate or available for use beyond the United States of America. If you use this Website from other locations, you are responsible for compliance with applicable local laws. Although PLAYMATES TOYS products and services are available in many parts of the world, this Website may describe products and services that are available only in the United States of America (or only parts of it) and are not available worldwide.
    4. Jurisdiction, Venue, and Alternative Dispute Resolution
      Any controversy or claim relating to this Website, the Content, or this User Agreement not otherwise resolved between you and PLAYMATES TOYS will be settled solely by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), administered in accordance with the AAA’s Supplementary Procedures for Consumer-Related Disputes. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Los Angeles, California, and judgment on the arbitration award may be entered into any court having jurisdiction of it. Any claim or cause of action that you may have with respect to this Website, the Content, or this User Agreement must be commenced within one year after the claim or cause of action arises or it will be forever barred. Any action or proceeding by PLAYMATES TOYS relating to your access to, or use of, this Website or any Content in accordance with this paragraph will be instituted in state or federal court in Los Angeles County, California. Accordingly, you consent to the personal jurisdiction of the courts in Los Angeles County, California with respect to all matters relating to your access to or use of this Website and the Content and waive your rights to removal or consent to removal. This User Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. The foregoing provisions of this paragraph will not apply to any legal action taken by PLAYMATES TOYS to recover damages for, or seek an injunction in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to this Website, any Content, PLAYMATES TOYS’s operations, and/or PLAYMATES TOYS’s products or services caused by your act or failure to act.
    5. Severability
      If any provision of this User Agreement is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from the remainder of this User Agreement and will not affect the validity or enforceability of the remainder of this User Agreement.
  1. DMCA Notice
    PLAYMATES TOYS will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or the owner's) copyright in that work has been infringed by an improper posting or distribution of it via the Website, then you may send us a written notice that includes all of the following:
    1. A legend or subject line that says: "DMCA Copyright Infringement Notice";
    2. A description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
    3. A description of where the material that you claim is infringing or is the subject of infringing activity is located that is sufficient to permit us to locate the material (please include the URL of the Website on which the material appears);
    4. Your full name, address, telephone number, and e-mail address;
    5. A statement made in good faith by you that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
    6. A statement by you that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, that you are authorized to act on the behalf of the owner); and,
    7. Your physical signature or, if sent within an email (rather than in a physical document or a digital document attached to an email), your name typed followed by "//s//", which will serve as your electronic signature.

    PLAYMATES TOYS will only respond to DMCA notices that it receives by mail or e-mail at the addresses below:

    By Mail:
    PLAYMATES TOYS, Inc.
    Playmates Toys, Inc
    909 N. Sepulveda Blvd, Ste 800
    El Segundo, CA 90245<

    By E-Mail:
    Infringement@PLAYMATES TOYS.com

    PLAYMATES TOYS may elect to not respond to DMCA Notices that do not substantially comply with all of the above requirements. Furthermore, PLAYMATES TOYS may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
    Please note that the DMCA provides that any person who knowingly misrepresents that material or activity is infringing may be subject to liability. We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification. Without limiting PLAYMATES TOYS's other rights, PLAYMATES TOYS may, in appropriate circumstances, terminate a repeat infringer's access to the Website and any other website owned or operated by PLAYMATES TOYS.

  1. DMCA Counter-Notification
    If access on the Website to a work that you submitted to PLAYMATES TOYS is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:
    1. A legend or subject line that says: "DMCA Counter-Notification";
    2. A description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL of the Website from which the material was removed or access to it disabled);
    3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
    4. Your full name, address, telephone number, e-mail address, and the username of your account;
    5. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Central District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
    6. Your physical signature or, if sent within an email (rather than in a physical document or a digital document attached to an email), your name typed followed by "//s//", which will serve as your electronic signature.

    Please note that the DMCA provides that any person who knowingly misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than10 and not more than 14 business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Website. You should also be aware that we may forward the DMCA Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

  1. Procedure for Alleging Infringement of Other Intellectual Property
    If you own intellectual property other than copyrights and believe that your intellectual property has been infringed by an improper posting or distribution of it via the Website, then you may send us a written notice to one of the addresses set forth in Section 5 above that includes all of the following:
    1. A legend or subject line that says: "Intellectual Property Infringement Notice";
    2. A description of the intellectual property that you claim has been infringed;
    3. A description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Website on which the material appears);
    4. Your full name, address, telephone number, and e-mail address;
    5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law;
    6. A statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the owner of the intellectual property at issue (or, if you are not the owner, then your statement must indicate that you are authorized to act on the behalf of the owner of the intellectual property that is allegedly infringed); and,
    7. Your physical signature or, if sent within an email (rather than in a physical document or a digital document attached to an email), your name typed followed by "//s//", which will serve as your electronic signature.

    We will act on such notices at our discretion. We may send the information that you provide in your notice to the person who provided the allegedly infringing material.