Date: July 28th, 2019
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS ONLINE SERVICE. THEY GOVERN YOUR USE OF THE ONLINE SERVICE. IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, YOU MAY NOT USE THE ONLINE SERVICE. Your use of this Site or App constitutes your knowledge, understanding, and acceptance of the Terms, and your agreement to be bound by the Terms. MGA may change, edit, modify, delete, revise, or update the Terms from time to time without notice, and your use of this Site or App after any changes, edits, modifications, deletions, revisions, or updates posted to the Site or accessible through an App constitutes your agreement to comply with the posted Terms.
Additional terms and conditions may apply to other MGA services, such as third-party service provider agreements, or rules for sweepstakes and contests, purchases, services or other online activities (“Other Services”). Similarly, additional terms may also cover access to certain content or software accessible through the MGA websites or [Apple iOS, Google Android, or Microsoft Windows-powered devices]. Such “additional” terms and conditions will be disclosed to you in connection with such Other Services, as applicable. All Additional terms that are in addition to these Terms and, in the event of a conflict, will prevail over these Terms. If you access MGA content using an Apple iOS, Google Android or Microsoft Windows-powered device, you agree that your access to the MGA Services using these devices also shall be subject to the usage terms set forth in the applicable third-party terms of service.
ALL DISPUTES BETWEEN YOU AND MGA MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.
MGA may immediately terminate this agreement with you (including your access to the MGA Sites) if you breach any provision of these Terms.
The trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) displayed on this Site or App are the registered and/or unregistered Trademarks of MGA, and such third parties that may own the displayed Trademarks. Nothing contained on this Site or in the Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Site or App without the written permission of MGA or such third party that may own the displayed Trademarks.
- Site Contents and Copyright.
The text, Trademarks, logos, images, graphics, photos, video files, characters, animation, application functionality, chat transcripts, or any other digital media, and their arrangement on this Site or App (“Content”) are all subject to patent, copyright, trademark and other intellectual property protection. Content may not be copied for commercial use or distribution, nor may Content be modified, processed, or reposted to other websites. Access to App and/or use of this Site is solely for your purchase of MGA products for personal use, information, education, entertainment, and communication with MGA. You may download, copy or print the Content of this Site or App for your personal non-commercial use only. No right, title or interest in any of the Content of this Site or App is transferred to you as a result of any accessing, downloading, copying, printing or use of an App or this Site. All MGA character(s), related items, and accounts created or used in or on any MGA Site or App are and shall remain the property of MGA or its licensors and cannot be sold, licensed, assigned, transferred or loaned to third-parties.
- User Comments and Other Submissions.
From time to time MGA may offer users the opportunity to interact with this Site, and in doing so, you may be permitted to send MGA your comments and unsolicited creative or original concepts, ideas, materials or products, whether confidential or proprietary information, or the like (“Submission(s)”). MGA is under no obligation to use or compensate you for your Submissions. MGA will not respond to you regarding your Submissions, and your Submissions will not be returned to you and will not be treated as confidential information.
- License to Use Submissions.
Except as otherwise described in any Additional terms (such as contests or sweepstakes official rules), which shall also govern Submissions, you grant MGA a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost and royalty free license and right to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise exploit in any legal manner, all or any portion of your Submission (and derivative works thereof), for any purpose in all formats, on or through any media, software, formula, or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the rights granted by you include, without limitation, the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such Submission or combine same with other materials, use any ideas, concepts, know-how, or techniques contained in any Submission for any purposes, including, without limitation, developing, manufacturing, and marketing products and/or services. If your Submission contains photographs or digital or video images that depict a child, you represent that you have written permission from the child’s parent or guardian to provide the photo, digital, or video image. In order to further practice the rights and license that you grant to MGA to your Submissions, you also grant MGA, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any Submission. Except as prohibited by law, you waive any moral rights (including attribution and integrity) that you may have in any Submission, even if it is altered or changed in a manner not agreeable to you. To the extent non-waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the rights granted by this license.
- No Endorsement or Liability for User-Generated or Third-Party Content.
Although third-party or user-generated Submissions may be posted on this Site, the posting of those Submissions does not constitute MGA’s endorsement of those Submissions. MGA is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death in connection with third-party or user-generated Submissions.
- Third-Party Links.
- Copyrights, DMCA, and Digital Rights Management.
Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Site. Our copyright agent is MGA’s General Counsel. The agent can be reached at: MGA Entertainment, Inc. 9220 Winnetka Avenue, Chatsworth, CA 91311, Tel: 818-894-2525, Email: email@example.com.
- DMCA Infringement Notification.
To be effective, your infringement notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;
- The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and
- The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
- MGA will remove or disable access to the content that is alleged to be infringing;
- MGA will forward the written notification to the alleged infringer; and
- MGA will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.
DMCA Infringement Counter Notification.
Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from MGA, the alleged infringer will have the opportunity to respond to MGA with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to MGA’ designated copyright agent, and must include the following:
- A physical or electronic signature of the alleged infringer;
- Identification 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 disabled;
- The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and
- The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of the federal district court for the judicial district in which the alleged infringer address is located, or if the alleged infringer’s address is outside of the United States, or any judicial district in which MGA may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.
Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on our network.
You shall not bypass, circumvent or disable any content protection system or digital rights management technology used to protect MGA or third-party services. You shall not decompile, reverse engineer, disassemble or otherwise reduce any MGA technologies or content to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any Site or App functionality in an unlawful or unauthorized manner or in a manner that implies an unauthorized association with our products, services or brands. You may not access or use any MGA services in violation of United States export control regulations. By acquiring services, content or software through the MGA Sites or Apps, you represent and warrant that your access to and use of the services, content or software will comply with those regulations. We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. In addition, we may suspend or terminate your account and your ability to use MGA’s services if you engage in or encourage illegal conduct, or if you fail to comply with these Terms or any Additional terms.
- Prohibited Uses.
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site, App, or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, national, or local regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Site or App, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, mailbomb, phish, track, pharm, pretext, spider, crawl, use cheat codes or programs, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this Site or App, other websites, apps or the Internet, including without limitation, password protected accounts or access. We reserve the right to terminate your use of the Site or App for violating any of the prohibited uses.
- Registration, Subscriptions, Accounts and Passwords.
Some MGA services permit or require you to create an account to participate in additional entertainment services. By registering for such services, you agree to provide accurate, complete and current information, including, without limitation, your date of birth, payment information, and contact information for notices. You agree not to impersonate or misrepresent your affiliation with any person or entity, including, without limitation, using another person’s username, password or account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including, without limitation, the contact information for a parent or guardian. MGA reserves the right to restrict or prohibit inappropriate or infringing usernames. If you become a subscriber, you agree to pay all subscription fees that you incur, including all applicable duties and taxes that may be imposed by law.
You are responsible for the personal protection and security of any password or username that you may use to access this Site or App. You are responsible for all direct or indirect damages and liable for all activity conducted on this Site that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username to MGA.
- Site and App Updates.
MGA undertakes no obligation to update, amend or clarify information on this Site or App, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on this Site or App should be taken to indicate that all information on the Site or App has been modified or updated. Please remember when reviewing information on this Site or App that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Site to become inaccurate or incomplete.
On occasion, information on this Site or App may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to product availability, special offers, product promotions, pricing information, product descriptions, or product shipping charges and transit times. MGA reserves the right to, at any time without prior notice, correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site or App is inaccurate (including after you have submitted your order).
- Limited Warranty.
The manufacturer warranty period is six months from the date of purchase (sales receipt is required to provide proof of purchase). This does not affect your statutory rights as a consumer. To make a warranty claim, please contact customer service at 0800 521 558 or firstname.lastname@example.org. You will need your original proof of purchase, product code or description. We will replace defective parts or issue a refund for full or partial purchase price of product within this period. This warranty is valid only if the product has been assembled and maintained per the instructions. Any modifications made to the original product or product structure may render the warranty invalid. This warranty does not cover abuse, accident, cosmetic issues such as fading or scratches from the normal wear, or any other cause not arising from defects in material and workmanship.
- Limitations on Liability.
YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE: (1) THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE; AND (3) THAT MGA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR SITE, INCLUDING WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF MGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MGA TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS SITE EXCEED TEN POUNDS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, MGA, ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
MGA RESERVES THE RIGHT TO ALTER OR REMOVE APP OR SITE CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND MGA WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION.
YOU AGREE TO INDEMNIFY AND HOLD MGA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEY FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS SITE OR BREACH OF THE TERMS.
The Terms will remain in effect until you notify us that you no longer wish to use the Site, or you cease using the Site. Notwithstanding anything in this Terms to the contrary, the parties understand and agree that all terms and conditions of the Terms that may require continued performance, compliance, or effect beyond the termination date of this Terms will survive termination of the Terms and will be enforceable by the parties, including but not limited to Sections 2, 3, 8, 15, 16, 17 and 19. MGA may also terminate the Terms at any time and may do so immediately without notice, and accordingly deny you access to this Site or APP, if in MGA’ sole discretion, you fail to comply with any term or provision of the Terms. Upon any termination of the Terms by either you or MGA, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as copies of such materials, whether made under the Terms or otherwise.
- Arbitration; Choice of Law and Forum; Electronic Communications.
ANY DISPUTE ARISING OUT OF OR RELATING TO USE OF ANY MGA SITE SHALL BE ADJUDICATED THROUGH THE DISPUTE RESOLUTION PROCESS FOLLOWED BY THE CENTRE FOR EFFECTIVE DISPUTE RESOLUTION UNRESOLVED CLAIMS SHALL BE ADMINISTERED BY CEDR AND ADJUDICATED BY BINDING ARBITRATION IN ACCORDANCE WITH UNCITRAL RULES IN FORCE AT THE TIME ARBITRATION IS INITIATED TO BE HEARD AND ADJUDICATED BY ONE ARBITRATOR TO BE MUTUALLY CHOSEN BY YOU AND MGA. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN LONDON, ENGLAND,AND CLAIMS REGARDING THE JUDGMENT OF THE ARBITRATOR (INCLUDING ENTRY OF JUDGMENT ON THE ARBITRATION AWARD) MAY BE BROUGHT AND SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS LOCATED IN LONDON, ENGLAND.
For all other claims, these Terms will be governed and construed in accordance with the laws of England and Wales, without regard to its conflicts of law rules. For all disputes arising out of or relating to this Site, App or Terms that may be referred to a court of law, you submit to exclusive personal jurisdiction and venue of the courts located in London, England.
- Notices and Electronic Communications.
This Site is controlled and operated by MGA, 50 Presley Way, Crownhill Milton Keynes, MK8 0ES. Should you have any questions concerning these Terms, or if you desire to contact MGA for any reason, our telephone number is 0800 521 558. Please send any comments or complaints regarding this Site by e-mail or postal mail addressed to the local office shown on the contact page. Please e-mail any questions regarding Site privacy to email@example.com
When you visit this Site or App, or send e-mails or text messages to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, text message, push notifications services or by posting notices on this Site. 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.
- Privacy Statement.
- No other Agreements.
By agreeing to the Terms, you represent that you are at least the age of majority in your place of residence, or that you are the age of majority in your place of residence and you have given MGA your consent to allow any of your minor dependents to use this Site or App. The provisions and conditions of the Terms constitute the entire agreement between you and MGA related to the use of the App or Site and supersedes any prior agreements or understandings not incorporated in the Terms. The Terms are effective as of the Effective Date. Continued use of the Site or App by you after the Effective Date constitutes your acceptance of the Terms after the Effective Date.
You may not transfer or assign your rights or delegate any of your obligations under these Terms without MGA’s written consent.