Terms Of Use

 

Axis M Inc. grants a limited, non-exclusive, revocable license for users to access this web site for personal entertainment, information, education and communication, upon compliance with all terms of this User Agreement. This web site contains materials and other items relating to Axis M Inc. and its products and services, and similar items from our business partners, licensors and licensees, and other third parties (collectively, the "Content"). The Content may take the form of information, text, data, images, graphics, button icons, registered and unregistered trademarks, illustrations, photographs, audio clips, music, sounds, pictures, videos, software incluing other forms and formats now known or later invented. By using this web site, users must respect the intellectual property rights of Axis M and others, as outlined below. Any unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications and other laws, and any such use may result in personal liability, including potential criminal liability.

 

All Content is copyrighted and either owned by or used with permission of Axis M Inc. Axis M disclaims any representation or warranty that unauthorized use of Content will not infringe upon rights of third parties not owned by or affiliated with Axis M.

Except as set forth in this User Agreement or in the text of this web site, users may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon or otherwise employ or exploit the Content. Users may download one copy of portions of the Content in temporary storage on one personal computer for personal, non-commercial, non-political, non-networked viewing and use only, provided no deletion or change is made to any copyright, trademark or other proprietary notices. The foregoing limited right does not give users ownership of any Content. Except as expressly provided above, nothing contained in this User Agreement may be construed as conferring to users (by implication, estoppel or otherwise) any license or right to any Content under any copyright or any other intellectual property right.

 

The trademarks, logos and service marks displayed on this web site are owned by Axis M and third parties, and this site's trade dress is owned by Axis M (collectively, the "Trademarks", which also constitute Content). All Trademarks not owned by Axis M are the property of their respective owners and are used with permission. Nothing contained on this web site may be construed as granting, by implication, estoppel or otherwise, any right or license to use any Trademark.

Axis M likes to hear from site users. However, all messages and questions, comments, answers, suggestions or the like submitted by users to Axis M via this web site or by fax, mail or otherwise or transmitted, posted, or uploaded to this web site (collectively, "Your Submissions") will be treated as non-confidential and nonproprietary, and no responsibility, obligation or liability for them or for Axis M's receipt or non-receipt of them will be assumed. By corresponding with Ais M about or via this web site, users grant a non-exclusive, royalty-free, perpetual, irrevocable, and sub-licensable right and license to reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform and prepare derivative works based upon and otherwise use or exploit Your Submissions throughout the world in any and all media. Users represent and warrant that: (a) the right and authorization to make the foregoing grant without the consent of any third party is maintained, and (b) Your Submissions are accurate and, as permitted to be used by Axis M in this User Agreement, do not and will not infringe any right of any third party.

When users send e-mail to Axis M, they communicate electronically and consent to receive communications electronically. Furthermore, users accept that all agreements, notices, disclosures and other communications provided electronically satisfy any legal requirement that such communications be in writing.

Users agree not to: (a) use this web site 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 web site 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 web site 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; and (f) engage in any activity that interferes with other users’ access to this web site or its proper operation. Users also agree that, when using this web site, no impersonation of any person or entity will be performed.

Axis M Inc. has elected to offer community features on this web site, such as message or bulletin boards, forums and chat rooms, surveys and polls, and comment and ratings functions. Therefore, Axis M will not assume any obligation to monitor, filter, censor, edit, or regulate information or content posted by users or third parties on this web site, although Axis M reserves the right to do so at its sole discretion. Axis M does not endorse, warrant the accuracy or reliability of or assume any liability in connection with any such information or content provided by users or other third parties.

As to any information or content that users upload or post to this web site, users represent and warrant to Mattel that the right and authorization to do so without the consent of any third party is maintained. Users also agree not to upload or post to this web site: (a) infringing, defamatory, obscene, pornographic, threatening, abusive, violent, illegal, untrue, harassing or otherwise improper content; (b) viruses or other harmful items; or (c) content with a commercial purpose (such as offers to sell products or services or attempts to solicit funds or advertise products or services).

Axis M Inc. reserves the right, in its sole discretion, to apply additional rules in any community area and to condition access to any such community features by any individual or group, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with site criteria or rules at any time, and to change or modify the criteria or rules at any time. Axis M also reserves the right (but does not assume any obligation), at its sole discretion, to delete any postings on this web site that violate this User Agreement and to deny access to any user of this web site.

 

Axis M Inc. reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of this web site’s 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 web site or terminate access to it at any time, without notice, for any reason and without any obligation whatsoever.

 

This web site may include technical inaccuracies or other errors, and accessing and browsing this web site is at users’ own risk. THIS WEBSITE IS PROVIDED "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. Axis M Inc. DOES NOT WARRANT THAT THIS WEB SITE WILL MEET ANY REQUIREMENTS OR ACHIEVE A PARTICULAR RESULT OR THAT USE OF THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THIS WEB SITE AND THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF USE OF THIS WEB SITE OR THE CONTENT CONTAINED ON IT RESULTS IN A NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA OR OTHER ITEMS, AXIS M WILL NOT BE LIABLE FOR THOSE COSTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING SENTENCES, AXIS M WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING FROM USE OF THIS WEB SITE. THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH ARE MATERIAL PARTS OF OUR AGREEMENT TO PROVIDE THIS WEB SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply in all instances.

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, CA, 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."

 

Users are granted a limited, non-exclusive, revocable right to create hyperlinks to this web site, so long as: (a) these links are pre-agreed by responsible management of Axis M Inc, (b) the links and related content on a linker’s site do not suggest any affiliation with Axis M not already agreed to in writing by Axis M, (d) and the links and related content on a linker’s site do not portray Axis M or its products or services in a false, misleading, derogatory or otherwise harmful matter.

 

This web site 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 Axis M Inc. Axis M has no control over the content of Linked Sites, and Axis M does not assume any obligation to review any Linked Sites. Axis M does not endorse, approve or sponsor any Linked Sites or any of these sites’ content, advertising, information, materials, products, services or other items on or available on or from them, and Axis m disclaims all liability in connection therewith. Axis M requires service providers and vendors who operate web sites on our behalf to safeguard the privacy of personal information these sites acquire, adhere to industry-accepted best practices to safeguard personal information, respect intellectual property rights and the rights of third parties, and operate in accordance with all applicable requirements. Any activities users engage in connection with any Linked Site, however, are subject to the privacy policy, conditions of use and other terms imposed by the operator of those Linked Sites and Axis M disclaims all liability in connection therewith.

Axis M Inc. reserves the right to post banners, advertisements, promotions and similar content throughout this web site. Third-party advertisers and firms that serve ads may operate under terms and conditions and privacy policies that differ from Axis M’s policies, so please review them carefully. Any interactions, correspondence and business dealings that users have with any advertisers and other third parties found on or through this web site (including via Linked Sites) are solely between users and these third parties (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, privacy and data security and the like). Axis M disclaims all liability in connection therewith.

Axis M Inc. 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 copyrights to a work and believe that intellectual property rights associated with that work have been infringed by an improper posting or distribution of it via this web site, send a written notice that includes all of the following:

(i) Legend or subject line that says: "DMCA Copyright Infringement Notice";

(ii) Description of the copyrighted work that is claimed to have been infringed;

(iii) URL of this site and a description of where the allegedly infringed material is located on this site;

(iv) Address, telephone number and e-mail address;

(v) Statement explaining why complainant has good faith belief that alleged infringing material is not authorized by the copyright owner, its agent or the law;

(vi) Statement made under penalty of perjury that all information in written notice is accurate and that complainant is the copyright owner (or, if not the copyright owner, then statement must state that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and,

(vii) Electronic or physical signature.

Axis M Inc. will only accept DMCA notices by mail, e-mail or facsimile at the addresses below:

By Mail: Axis M Inc, 410 Park Avenue, Suite 1530, New York, NY 100242;
Attention: Vice President, Legal and Business Affairs

By E-Mail: CopyrightInfringementNotice@axis-m.com

By Facsimile: 800-897-5763

Axis M Inc. may elect not to respond to DMCA notices that do not comply with all of the foregoing requirements, and may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the DMCA. If you have additional questions you may telephone Axis M at 800-862-2930.

Indemnity:
Users agree to indemnify, defend and hold harmless Axis M Inc. 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 proceedings made or brought against any such party or on account of the investigation, defense, or settlement thereof, arising in connection with use of this web site.

 

Revisions to this Website and this User Agreement:
Axis M Inc. may, at its sole discretion, make changes to any aspect of this web site, including, without limitation, any Content, any activities available on this web site, and any products or services offered through this web site. Axis M may also, at its sole discretion, revise this User Agreement by updating or changing this document, with the revised terms taking effect as of the date of posting. Continued use of this web site following the effective date of any such changes constitutes acceptance of those changes.

 

Operation of Website, Availability of Products and Services: Axis M controls and operates this web site from its headquarters in New York, NY, in the United States of America, and makes no representation that this site is appropriate or available for use beyond the United States of America. If users access this web site from other locations, they are responsible for compliance with applicable local laws.

 

Jurisdiction, Venue, and Alternative Dispute Resolution:
Any controversy or claim relating to this web site, its Content or this User Agreement not otherwise resolved between users and Axis M Inc. 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.

 

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.