JAKKS’ TERMS OF USE/SERVICE AGREEMENT

Effective:  April 9, 2024

 

1. OVERVIEW. These Terms of Use/Service (“Terms”) are entered into by and between JAKKS Pacific, Inc. (on behalf of itself and its subsidiaries, including Disguise, Inc., JAKKS Sales LLC, Moose Mountain Marketing, Inc., JAKKS Pacific (H.K.) Limited, JAKKS Pacific (UK) Ltd., JAKKS Pacific Germany GmbH, JAKKS France, S.A.S., JAKKS Europe B.V., JAKKS Pacific (Canada) Inc., JAKKS Pacific Italy S.r.l., and JKP Holdings Mexico, S.A. de C.V. (collectively, "JAKKS," “we,” “us,” and “our”) and any person or entity who views, uses, accesses, browses, purchases a product, or submits any content or material to JAKKS (“you” or “your”). These Terms of Use apply to JAKKS websites, including www.jakks.com, www.jakksstore.com, www.jakkswholesale.com, www.amiamisofficial.com, www.redoskateboards.com, www.cestmoi.com, www.moosemountaintoys.com, www.brandfolder.com/jakks, and www.disguise.com , with servers located within the United States.

 

These Terms are made effective as of the date that you first visit any JAKKS-owned website or application (“Site” or “JAKKS Sites”). By accessing or using JAKKS Sites, you agree to be bound by all of these Terms. IF YOU ARE UNDER THE AGE OF 18, OR UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION, YOUR PARENT OR LEGAL GUARDIAN MUST READ AND AGREE TO THESE TERMS ON YOUR BEHALF BEFORE YOU MAY USE THIS SITE. If you do not agree to be bound to these Terms, please immediately discontinue use of this Site. Your continued access to and use of this Site is conditioned upon your acceptance of and compliance with these Terms. These Terms represent the entire agreement between you and JAKKS concerning the subject matter hereof, other than as incorporated by reference into these Terms.

 

2. MODIFICATIONS. JAKKS may, in its sole discretion, modify these Terms, at any time, without notice, and any changes shall be effective immediately upon posting to the Site. Your use of the Site after any posted changes constitutes your acceptance of the modified Terms.

 

3. SITE CONTENT AND INTELLECTUAL PROPERTY. JAKKS and/or its licensors (“Licensor(s)”) own all copyright, trademark, trade dress, and any related intellectual property rights in the Site materials, including, without limitation, the Site’s software, code, data, art, graphics, animation, photographs, images, text, music, sound effects, audio and audiovisual elements, look-and-feel, design, layout, organization, presentation, user interface, navigation, trade dress, and stylistic convention of the Site (“Site Content”). All trademarks, service marks, trade names, and trade dress contained on JAKKS Sites are exclusively owned and/or under license by JAKKS, unless otherwise acknowledged.

 

These Terms shall neither confer any third-party rights or benefits (except as specifically granted herein) nor grant any ownership rights of any Site Content or license or right to use any Site Content. You may not (except where we have given you written permission or you are otherwise permitted by law) modify, copy, distribute, download, upload, post, broadcast, or transmit, display, disassemble, perform, reproduce, publish, license, decompile, reverse engineer, create derivative works from, transfer, sell, or make other use of any of the Site Content. JAKKS reserves the right to destroy or terminate the Site Content where we see fit, in our sole discretion. Any use of the Site Content, other than as explicitly permitted in these Terms, is unauthorized and may be a violation of our and/or our Licensor’s rights or applicable laws.

 

4. REGISTRATION. If, as applicable, you create an account or otherwise register on JAKKS Sites, you agree:  (a) to provide and maintain accurate, current, and complete information about yourself (or your organization, as applicable) as prompted by the Site’s registration process; (b) not to impersonate any person or entity, or misrepresent your age, identity, or affiliation with any person or entity, including using another person's login or account information, or another person's age, name, likeness, voice, image, or photograph; (c) not to give permission to any other person to impersonate you in any way, or use your account, name, likeness, voice, image, or photograph; (d) to keep your account secure and exit from your account at the end of each session; and (e) that you are solely responsible for maintaining the confidentiality of your e-mail address, username, and password, and for all activities that occur under your e-mail address or account.

 

5. PURPOSE OF USE. Except as otherwise specified, the sole purpose of JAKKS Sites is to promote our products and services. JAKKS operates and controls the Sites from its offices at 2951 28th St., Santa Monica, California, 90405, U.S.A. JAKKS makes no representations that any Site Content is appropriate or available for use in any particular location. With respect to jakks.com, you shall not use the Site for commercial (except with JAKKS’ prior written permission or agreement) or political purposes.  With respect to all JAKKS Sites, you shall not use: (a) for collection of information or content by technological devices such as robots, spiders, spyware, software extraction tools, etc.; (b) for collection of meta tags or hidden text utilizing trademarks; (c) in an illegal manner; or (d) in a way that interferes with enjoyment of this Site by others or otherwise interferes with our systems.

 

6. SALE OF GOODS. For goods purchased through jakkswholesale.com, you agree that you may (a) only sell goods through your own brick and mortar stores and/or your own branded e-commerce websites, and (b) not sell any goods (i) on, in or through any third-party e-commerce platform, including without limitation, Amazon.com, target.com, Walmart.com, www.ebay.com, or any of their or their affiliates and subsidiary websites or stores (collectively, “TPEP”), and (ii) to any person or entity that you know or have reason to know intends to sell Goods on, in, or though TPEP.  Use of any JAKKS owned or licensed intellectual property, including but not limited to trademarks, copyrights, and patents, on TPEP is strictly prohibited, and you are expressly restricted from engaging in such activity. Violation of this restriction may result in legal action and the imposition of appropriate remedies, and your right to sell shall immediately terminate if being offered on TPEP. You agree to promptly update your account and other information, including but not limited to your e-mail address and billing information, so that JAKKS can complete your transactions and contact you as needed.

For goods purchased on any JAKKS Site, you agree that you may not use our products for any illegal or unauthorized purpose, nor may you violate any applicable laws, including but not limited to copyright laws. You agree not to transmit any worms, viruses, or codes of a destructive nature. Any violation of these restrictions will result in immediate termination of use and legal action. Additionally, JAKKS reserves the right to limit or prohibit orders that, in our sole and absolute discretion, appear to be placed by dealers, resellers, distributors, or for the purpose of sale on any third-party e-commerce site.

On all JAKKS Sites, prices for our products are subject to change without notice. JAKKS reserves the right at any time to modify prices, descriptions of products, or discontinue product sales without notice at any time, in JAKKS’ sole and absolute discretion. JAKKS shall not be liable to you, or any third-party, for any modification, price change, suspension, or discontinuance of product sales. Additionally, JAKKS reserves the right in its sole judgment to refuse any order, in whole or in part, placed with us, and JAKKS sole obligation to you shall be to refund the amount paid by you for the refused portion. JAKKS reserves the right, but is not obligated, to limit the sales of our products to any entity, person, geographic region, or jurisdiction.  

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to the JAKKS Return Policy. JAKKS has made every effort to display as accurately as possible the colors and images of our products that appear at the store, but we cannot guarantee that your computer monitor’s display of any color will be accurate. You agree to provide current, complete, and accurate purchase and account information for all purchases made with our store.

7. FORUMS.  JAKKS makes no representations or warranties regarding the information or opinions expressed in any message boards, chat rooms, or elsewhere on the Site (“Forums”). You irrevocably agree that:  (a) JAKKS shall not be liable for any loss, damage (whether actual, consequential, punitive, or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any information provided in the Forums, (b) you shall be liable for any loss, damage (whether actual, consequential, punitive, or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any material, content, information, and/or opinions you post in the Forums, and (c) you shall not to upload, transmit, distribute or otherwise publish through the Forums any "Unauthorized Material,” which includes, without limitation, content that, as determined by JAKKS in its sole discretion:

·      May be inappropriate, derogatory, indecent, obscene, pornographic, rude, abusive, threatening, hateful, tortious, defamatory, slanderous, or libelous;

·      Violates or infringes another’s rights, including, without limitation, privacy, publicity, or intellectual property rights;

·      Promotes bigotry, racism, hatred, or harm against any group or individual, or promotes discrimination in any way;

·      Submits false or misleading information;

·      Uploads or transmits 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 JAKKS Sites;

·      Collects or tracks the personal information of others;

·      Spams, phishes, pharms, pretexts, spiders, crawls, or scrapes;

·      Interferes with or circumvents the security features of JAKKS Sites or any related website;

·      Advocates or engages in unlawful activity of any applicable jurisdiction;

·      Solicits funds, advertises, or solicits for the sale or other transfer of goods or services; or

·      Is objectionable to JAKKS.

 

JAKKS reserves the right to delete, move, or edit any messages in its sole and absolute discretion.

 

8. SUBMISSIONS. We welcome your comments, but we cannot guarantee that we will respond to your messages on the Forums. You understand that JAKKS does not accept, and will not review, any unsolicited designs or ideas for our toys, websites, or other products or events. Except as set forth in our Privacy Policy, and in the event we review same, any submission by you to JAKKS, including, without limitation, any data, questions, comments, suggestions, or the like, will not be treated as confidential, and we will not be liable for any use or disclosure. By your submission, you hereby waive any claims, including, without limitation, moral rights, privacy rights, proprietary or other property rights, publicity rights, and right to credit for the material or ideas contained therein, and as permitted by applicable law, JAKKS shall have the worldwide, perpetual right, without any compensation or credit to you, to use, reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, create derivative works from, and distribute the submission or incorporate the submission into any form, medium, product or technology now known or later developed. By submitting materials to the Site or to JAKKS, you represent that such materials are accurate and original to you, do not violate the rights of any third parties, and do not include any Unauthorized Material.  JAKKS is not obligated to review or use your submission, and you have no rights to compel such review or use.

 

9. THIRD-PARTY SITES AND OPTIONAL TOOLS. JAKKS may provide hyperlinks to websites owned and operated by parties other than JAKKS, such as online shopping sites, YouTube, and social media websites. Any provided hyperlinks to websites owned and operated by parties other than JAKKS are provided solely as a convenience to users, and JAKKS does not control or endorse the activities of any third-party website.  JAKKS will not be responsible or liable, directly or indirectly, for any damage or loss in connection with third-party websites or services.

 

JAKKS may provide you with access to third-party tools over which we have no control or input, and that we do not monitor. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion. 

 

10. DISCLAIMER. THE SITE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, JAKKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JAKKS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE THE SITE CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JAKKS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SITE CONTENT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IF YOU COMMUNICATE WITH JAKKS’ CUSTOMER SERVICE DEPARTMENT OR A JAKKS REPRESENTATIVE THROUGH ANY SOURCE, THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY THEM SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THE TERMS OF USE, AND THE TERMS OF USE SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.

 

11. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless JAKKS and the officers, directors, employees, agents, service providers, licensors and licensees of JAKKS (collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, and costs (including reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with (a) any Dispute (defined below) arising out of or related to any breach by you of these Terms, or arising out of or related to your conduct with respect to this Site or these Terms; (b) any Dispute arising out of or related to your publication or transmittal of Unauthorized Material; and (c) any investigation, defense, settlement, or legal proceeding arising from your illegal or improper use of this Site. You shall use your best efforts to cooperate with the Indemnified Parties in the defense of any claim. The Indemnified Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

 

12. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, CONTRACT BREACH, TORT, OR NEGLIGENCE, SHALL JAKKS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR MATERIALS OR FUNCTIONS ON THIS SITE, EVEN IF JAKKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL JAKKS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONS EXCEED THE LESSER OF ONE DOLLAR (USD$1.00) OR THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

 

13. FOREWORD-LOOKING STATEMENTS. All materials, including without limitation, annual reports to shareholders, press releases, and JAKKS filings with the Securities and Exchange Commission (“SEC”) reproduced on this Site are as of the original date of filing, and may not be current. Any forward-looking statement reproduced on this site should be read in connection with other factors that could cause actual future events or results to differ materially from anticipated events or results that are mentioned in the JAKKS Annual Report on Form 10-K under the heading “Forward-Looking Statements,” JAKKS Quarterly Reports on Form 10-Q under the heading “Other Information” and in other filings made by JAKKS available on this site or the SEC’s Edgar Database (http://www.sec.gov/edgars.html). Changes to the Site Content may be made at any time, without notice.

 

14. TERMINATION OF USE. For any reason and in its sole discretion, JAKKS may terminate or deny access to any JAKKS Sites (“Termination”). JAKKS may terminate and deny access, including deletion of your account with JAKKS, to any or all JAKKS Sites with or without notice to the person who is the subject of the Termination. You irrevocably agree to immediately cease and desist any attempt to access any part of this Site and/or any other websites operated by JAKKS upon Termination. JAKKS reserves the right to prosecute, to the fullest extent allowed by law, users who misuse the JAKKS Site or violate these Terms.

 

JAKKS reserves the right to reject or opt-out of an order, in whole or in part, for any or no reason, at its sole and absolute discretion. In the case of a rejected order, JAKKS’ sole obligation shall be to refund the customer an amount proportional to the cancelled order.

 

15. DISPUTES, BINDING ARBITRATION, AND WAIVER OF CLASS CLAIMS. READ THIS SECTION CAREFULLY AND FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF BINDING ARBITRATION TO RESOLVE DISPUTES.

A.   DISPUTES. This Section applies to any dispute, claim, or action (“Dispute”) between you and JAKKS, whether in contract, warranty, misrepresentation, fraud, tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be given the broadest meaning permissible by applicable law.  California law shall govern the Terms and any interpretation thereof, regardless of conflict of laws, as well as any Dispute between you and us.

 

B.    BINDING ARBITRATION. Unless you opt-out pursuant to Section F below of these Terms, you and JAKKS agree that: (1) these Terms memorialize a transaction in interstate commerce; (2) all Disputes will be arbitrated pursuant to these Terms; (3) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs interpretation and enforcement of this Section; and (4) this Section shall survive Termination and termination of these Terms. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING, YOUR GROUNDS FOR APPEAL ARE LIMITED, AND AN ARBITOR WILL DECIDE ALL CLAIMS. In some instances, the costs of arbitration could exceed the costs of civil litigation, and the right to discovery may be more limited than in court. The arbitrator’s decision shall be final and enforceable by any court with jurisdiction over the parties.

C.    DISPUTE NOTICE. If a Dispute arises, the party initiating the Dispute must first send notice to the other with a written statement setting forth the initiating party’s name, address, and contact information, the facts giving rise to the Dispute, and the relief requested (“Dispute Notice”). For JAKKS, the Dispute Notice must be sent to legal@jakks.com. For you, the Dispute Notice will be sent to your last-known email or mailing address that we have on file. Following receipt of the Dispute Notice, JAKKS and you agree to act in good faith to resolve the Dispute before commencing arbitration. If JAKKS and you do not resolve the Dispute within sixty (60) days after the Dispute Notice is received, an arbitration proceeding may be commenced under this Section.

D.   WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AGREE TO ONLY BRING DISPUTES AGAINST JAKKS IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION, FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR OTHER PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.

E.    DISPUTES MUST BE BROUGHT WITHIN ONE YEAR. To the extent permitted by law, any Dispute Notice must be received within one year of the alleged incident giving rise to the Dispute, and failure to timely serve such Dispute Notice will permanently preclude any further action.

F.    30-DAY OPT-OUT PERIOD. IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION PROVISION IN THIS SECTION, YOU MUST NOTIFY JAKKS BY E-MAILING PRIVACY@JAKKS.COM WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THESE TERMS (UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW). If you opt-out consistent with the procedure set forth above, all other terms contained herein shall continue to apply, and any Dispute will be handled via arbitration in Los Angeles, California.  

 

16. CONFIDENTIALITY. “Confidential Information” means, whether or not identified as such, all confidential, proprietary, and/or trade secret information of JAKKS, and includes but is not limited to historic, current, and future technical, financial, marketing, graphics, other business information, and any other “Restricted Materials” disclosed by JAKKS either online, visually, orally, aurally, or in writing (including email). “Restricted Materials” means any Confidential Information that is time sensitive and has not yet been authorized for release by JAKKS, including without limitation, imagery, style guides, packaging, product designs, editorial and marketing content, film plot and elements, music, marketing and promotional events, on-shelf embargo and product release dates and related information. Without limiting the foregoing, you shall comply with all requirements for handling of Restricted Materials as provided in the Embargo/Security Guidelines found at https://fs3.formsite.com/czzwo5/gdhg9apwc7/index.html, as may be modified from time to time. You will not publish or use Confidential Information in violation of the Embargo/Security Guidelines or in any other manner not authorized herein. You will not disclose to any individual or entity any terms and conditions governing disclosure of Confidential Information and will comply with all securities laws regarding non-public matters of publicly traded companies.

 

You agree to hold in strict confidence Confidential Information that you receive from JAKKS. You will not disseminate Confidential Information to anyone who is not on a need-to-know basis, or disseminate any Confidential Information to an agent, affiliate, related entity, contractor, or other third party except as approved by JAKKS, and, in that case, strictly on a need-to-know basis and under a non-disclosure agreement with obligations at least as restrictive as those herein. You shall not remove, retain, photograph, reproduce, screen capture, record, or download any Confidential Information for any purpose not authorized by JAKKS in writing.

 

Except for Restricted Materials (which shall remain Confidential Information until authorized by JAKKS for public release, regardless of whether conditions set forth herein are met), a Confidential Information shall not include material that: (a) is in or enters the public domain through no act or omission by you; (b) you lawfully receive from a third party without restriction on use or disclosure; (c) you knew prior to receiving JAKKS Confidential Information; or (d) you independently develop without the use of JAKKS Confidential Information. Your obligations to keep JAKKS Confidential Information confidential shall not apply when necessarily disclosed pursuant to a statutory or regulatory obligation or a valid order of a court of competent jurisdiction, in which event you shall notify JAKKS in advance and seek confidential treatment of such Information.

 

Any current or future Licensor of JAKKS is an intended third-party beneficiary hereunder with a direct right of action against you for any violations of these Terms and/or any Embargo/Security Guidelines by you or your employees, agents, contractors, or other third parties to whom you have disseminated Confidential Information. Such violations may significantly harm and irreparably damage Licensor, who may require JAKKS to pay Licensor’s costs, expenses, assessments, or other damages related to such violations. You shall immediately reimburse JAKKS and/or Licensor for any documented costs incurred related to investigating, and for any damages imposed due to, your violations.

 

If you, including your respective employees, agents, contractors, representatives, successors, and assigns (whether or not acting within their scope of engagement) improperly displays, releases or otherwise discloses any JAKKS Confidential Information, you shall immediately upon becoming aware of same: (a) notify JAKKS telephonically and in writing upon learning of or believing a breach has or may have occurred; (b) reasonably investigate and remediate the breach and fully cooperate with JAKKS investigating the same; (c) report investigation results to JAKKS; and (d) cease all further use of JAKKS Confidential Information upon request.

 

Upon request, you will immediately return, or certify in writing or by email the destruction of, all JAKKS Confidential Information (including paper or digital copies, summaries, and extracts, subject to any files retained on automated electronic back-up servers/archives per its electronic document retention policy) within the possession or control of itself and its employees, agents, contractors or other third parties to whom it disseminated JAKKS Confidential Information.

 

17. DIGITAL MILLENIUM COPYRIGHT ACT (DMCA). You may not use this Site in any manner that infringes anyone’s copyright. JAKKS will promptly investigate compliant DMCA notices of alleged copyright infringement regarding content hosted or displayed via our systems. Any person or party who wishes to file a claim of copyright infringement regarding user content may send notice via email to legal@jakks.com. As set forth in the DMCA, in order to be effective, the notice must: (1) describe the work claimed to have been infringed; (2) identify the allegedly infringing content, along with information reasonably sufficient to permit us to locate the content; (3) include the complaining party’s contact information; (4) state that the complaining party has 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; (4) state that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (5) be signed by the complaining party or the complaining party’s authorized representative.

 

18. EXPORT CONTROLS. The supply of goods, services, and software through this Site is subject to United States export control laws. You may not acquire goods, services, or software through this Site if you: (a) are in, under the control of, or a national or resident of a region with which the United States has an embargo, or if you are on the Specially Designated Nationals List or the Denied Persons List, Unverified List, or Entity List (“Prohibited Persons”); or (b) intend to supply the acquired goods, services or software to an embargoed region (or a national or resident of an embargoed region) or to any Prohibited Persons. By downloading or using any Site Content, you represent and warrant that (a) you are not located in, under the control of, or a national or resident of any embargoed region and (b) any acquisition and use of Site Content comports with all other applicable laws.

 

19. TERMINATION OF TERMS. These Terms are effective until terminated by either Party. You may terminate these Terms at any time by discontinuing use of this Site and destroying all materials obtained from the Site and all related documentation and all copies and installations thereof, whether made under these Terms or otherwise. Your access to this Site may be terminated immediately without notice from JAKKS at JAKKS’ sole discretion for any or no reason. Upon termination, you must cease use of this Site and destroy all materials obtained from the Site and all copies thereof.

 

20. LEGAL EQUIVALENCY. This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (a) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (b) legally enforceable as a signed writing as against the parties subject to electronic documents; and (c) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced into evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.

 

21. SEVERABILITY. If any provision in these Terms is found to be unenforceable, that provision shall be severed, with all other Terms remaining in full force and effect.

 

22. CONFLICTS. In the event of any conflict between the JAKKS Terms of Use and Privacy Policy, the Privacy Policy shall control.

 

22. SURVIVAL. The follow sections will survive termination of this Agreement: 3 (Site Content and Intellectual Property); 6 (Sale of Goods); 7 (Forums); 8 (Submissions); 10 (Disclaimer); 11 (Indemnification); 12 (Limitation of Liability); 14 (Termination of Use); 15 (Disputes, Binding Arbitration, and Waiver of Class Claims); 16 (Confidentiality); 20 (Legal Equivalency); 21 (Severability).

 

23. QUESTIONS. If you have any questions, issues, or concerns about these Terms of Use, please contact legal@jakks.net.