TERMS OF USE

1. INTRODUCTION

Welcome. This website is operated by JAKKS Pacific, Inc. or one of its family of subsidiaries or affiliated companies (collectively, “JAKKS”, “We” or “Us”). These terms of use (“Terms of Use”) are applicable to this website and to all websites operated by JAKKS which link to these Terms of Use as being the applicable terms of use for such website (collectively, “JAKKS Websites” and each a “JAKKS Website” or “this Website”). These Terms of Use are only applicable to JAKKS Websites that have servers that are located within the United States. For purposes of these Terms of Use, JAKKS Pacific, Inc., its subsidiaries and affiliated companies, and the licensors and content providers of each, are referred to herein collectively as the “JAKKS Affiliated Entities.”

These Terms of Use are not applicable to websites that are not JAKKS Websites. In certain instances JAKKS may provide hyperlinks on its websites to websites operated by parties other than JAKKS, such as online shopping websites, YouTube and social media websites such as Facebook®. JAKKS does not control the activities of those other websites. Carefully review the terms of use applicable to each such website before using such website.

READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE, AND IF YOU ARE UNDER THE AGE OF 18 OR THE AGE OF MAJORITY IN YOUR JURISDICTION, MAKE SURE THAT YOUR PARENT OR LEGAL GUARDIAN READS AND AGREES TO THE TERMS OF USE ON YOUR BEHALF. By using this website, you signify your acknowledgement of, and agreement to, these Terms of Use. If you do not agree to these Terms of Use, do not use this website. These Terms of Use create a legally binding agreement between you (the user of this website), on the one hand, and JAKKS, on the other hand. JAKKS reserves the right, at its sole discretion, to change, modify, update, add, or remove all or portions of these Terms of Use at any time. Check these Terms of Use periodically for changes. Your continued use of this website following the posting of changes to these Terms of Use will mean you accept those changes.

2. RESTRICTIONS ON USE OF MATERIALS

All materials contained in this website are the copyrighted property of JAKKS or the JAKKS Affiliated Entities, as applicable, unless otherwise acknowledged. All trademarks, service marks, trade names, and trade dress contained in this website are proprietary to JAKKS, JAKKS Affiliated Entities, and/or third-party licensors, as applicable, unless otherwise acknowledged. No material from this website or any internet site owned, operated, licensed, or controlled by JAKKS or the JAKKS Affiliated Entities may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided that (a) you keep intact all copyright and other proprietary notices, (b) you make no modifications to the materials, (c) you do not use the materials in a manner that suggests an association with any products, services, or brands of JAKKS or the JAKKS Affiliated Entities, as applicable, and (d) you do not download quantities of materials to a database that can be used to avoid future downloads from this website. For purposes of these Terms of Use, the use of any such material on any other website or computer environment is prohibited.

In the event you download software from this website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you, on a personal, non-exclusive, non-assignable and non-transferable basis by JAKKS or the JAKKS Affiliated Entities, as applicable, for your personal, noncommercial home use only. Neither JAKKS nor the JAKKS Affiliated Entities, as applicable, transfers title to the Software to you. You may own the medium on which the Software is recorded, but JAKKS or the JAKKS Affiliated Entities, as applicable, retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

Users of this website shall not use this website: (a) for commercial or political purposes; (b) for collection of information or content by technological devices such as robots, spiders, spyware, software extraction tools, etc.; (c) for collection of meta tags or hidden text utilizing trademarks; (d) in an illegal manner; or (e) in a way that interferes with enjoyment of this website by others.

3. ACCOUNTS

Some services on this website permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by this website’s registration processes (the "Registration Data"). You shall not impersonate any person or entity, or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph nor will you give permission to any other person to impersonate you, or use your username, password or other account information, or your name, likeness, voice, image or photograph. You also agree to promptly notify JAKKS of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to this website. In addition, you agree to exit from your account at the end of each session. All information submitted by you or on your behalf or with consent by a parent or legal guardian if you are under the age of 18 or majority, which constitutes personal information shall be subject to JAKKS’ Privacy Policy.

4. LINKS TO OTHER WEBSITES

You should be aware that when you are on this website, there are links to other sites that take you outside of this Website to sites that are beyond the control of JAKKS, such as banner advertisements and links from advertisers, sponsors and content partners that may use JAKKS’ logo(s) as part of a co-branding relationship. JAKKS provides those links to third party websites only as a convenience. Please carefully review the privacy policy applicable to each such website, application, or platform before providing any personal information. You acknowledge that when you click on any of the aforementioned links, the sites you are taken to are not controlled by JAKKS; different terms of use and a different privacy policy may apply, and JAKKS is not responsible for such sites. JAKKS does not endorse and cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from this Website or third-party content contained on this Website. JAKKS does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against JAKKS and the JAKKS Affiliated Entities with respect to such sites and third-party content. JAKKS strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties.

5. PRIVACY

Users of this Website agree to the terms set forth in the Privacy Policy applicable to this Website. You are entirely responsible for maintaining the confidentiality of your e-mail address, username and password, and for all activities that occur under your e-mail address and/or username.

6. FORUMS

The information and opinions expressed in any Message Boards, Chat Rooms or any other area located on this website where information or opinions are expressed or discussed (collectively, “Forums”) are not necessarily those of JAKKS or the JAKKS Affiliated Entities, and JAKKS and the JAKKS Affiliated Entities make no representations or warranties regarding that information or those opinions. Furthermore, neither JAKKS nor the JAKKS Affiliated Entities are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive, or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in the JAKKS Website. You irrevocably agree not to upload, transmit, distribute or otherwise publish through such Forums any content that, as determined by JAKKS in its sole discretion:

While JAKKS does not and cannot review every message posted by users in the Forums and is not responsible for the content of these messages, JAKKS reserves the right to delete, move, or edit messages that it, in its sole discretion, deems Unauthorized Material (as defined above) or otherwise unacceptable. JAKKS will fully cooperate with any law enforcement authorities or court order requesting or directing JAKKS to disclose the identity of anyone submitting or posting any

7. SUBMISSIONS

Although we welcome your comments, JAKKS does not accept unsolicited submissions or ideas for its toys, websites, or other products. It is the intent of this policy to avoid the possibility of future misunderstandings when products developed by JAKKS might seem to others to be similar to their own creative ideas, suggestions, or materials. Therefore, do not make any such unsolicited submissions or ideas to JAKKS through this Website or otherwise. We will not review any such submissions, and We cannot guarantee that We will respond to your comments or messages. If at our request you send a submission (for example, requested personal opinions), or if despite our request that you not send unsolicited submissions, you send such submission, or if you transmit to the Website by e-mail or otherwise, communications including any data, questions, comments, suggestions, or the like, such submission will not be treated as confidential. Subject only to our Privacy Policy, none of the information you submit to the website shall be subject to any obligation of confidence on the part of JAKKS and we will not be liable for any use or disclosure. Thus, you give up any claim that any use of such material violates any of your rights, including, but not limited to, moral rights, privacy rights, proprietary or other property rights, publicity rights, and right to credit for the material or ideas contained therein. JAKKS shall have the right, throughout the universe, in perpetuity, 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 website or to JAKKS, you represent that such materials are accurate and original with you and do not violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity and/or privacy. You agree and understand that JAKKS is not obligated to use your submission and you have no rights to compel such use.

8. DISCLAIMER

THE MATERIALS IN THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO 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 WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JAKKS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THE WEBSITE AT ANY TIME WITHOUT NOTICE. TO THE EXTENT THAT 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 THIS DISCLAIMER AND THE TERMS OF USE SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.

9. INDEMNIFICATION

You hereby agree to indemnify, defend, and hold JAKKS, the JAKKS Affiliated Entities, and the officers, directors, employees, agents, service providers, licensors and licensees of each (collectively, the “Indemnified Parties”) harmless from and against any and all Claims (as defined below), damages, losses, liabilities, and costs (including reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with (a) any Claim arising out of or related to any breach by you of these Terms of Use, or arising out of or related to your conduct with respect to this website or these Terms of Use; (b) any Claim 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 website. 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.

10. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL JAKKS OR THE JAKKS AFFILIATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR MATERIALS OR FUNCTIONS ON THIS WEBSITE, EVEN IF JAKKS OR THE JAKKS AFFILIATED ENTITIES HAVE 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 OR ANY OF THE JAKKS AFFILIATED ENTITIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.

11. FOREWORD-LOOKING STATEMENTS

All materials, including without limitation, annual reports to shareholders, press releases and JAKKS filings with the Securities and Exchange Commission (the “SEC”) reproduced on this site are as of the original date of filing. The fact that a document is available on this site does not mean that the information contained in the document is 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 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/edgar.shtml). JAKKS has no duty or policy to update any information or statements contained on this site and, therefore, such information or statements should not be relied upon as being current as of the date you access this site. Moreover, any portion of the materials available on this site may include technical inaccuracies or typographical errors. Changes may be made from time to time without notice to the materials available on this site.

12. JURISDICTION

Unless otherwise specified, the materials located on this website are presented solely for the purpose of promoting products and services available in the United States and its territories, possessions, and protectorates. JAKKS controls and operates this website from its offices at 2951 28th St., Santa Monica, California, 90405, U.S.A. JAKKS makes no representations that materials on this website are appropriate or available for use in any particular location. Those who choose to access this website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

The supply of goods, services and software through this website is subject to United States export control and economic sanctions requirements. By acquiring any such items through this website, you represent and warrant that your acquisition comports with, and your use of the item will comport with, those requirements. Without limiting the foregoing, you may not acquire goods, services or software through this website if: (a) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria, or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List or Entity List; or (b) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Except where prohibited, you irrevocably agree that: (a) any claim, dispute, cause of action, or action at law or in equity arising out of or relating to this website or these Terms of Use (collectively, “Claim”) shall be filed only in the state or federal courts located in Los Angeles County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action; (b) by communicating with JAKKS through electronic means, you consent to receive further communications electronically and you agree that such electronic communications will satisfy any legal requirement for written notice; (c) any Claim shall be resolved individually, without resort to any form of class action; (d) any Claim, and any resulting judgment or award shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (e) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental and consequential damages, and any other damages, and any and all rights to have damages multiplied or otherwise increased, other than for actual out-of-pocket expenses.

13. DENIAL OF ACCESS

JAKKS, for any reason and at its sole discretion, may decide that any person shall be denied access to any part of this website and/or any other websites operated by JAKKS (a “Denial of Access”). The sending of an e-mail notice by JAKKS to any e-mail address used by the person who is the subject of a Denial of Access shall constitute complete and sufficient notice of the Denial of Access. By agreeing to these Terms of Use, you irrevocably agree to immediately cease and desist any attempt to access any part of this Website and/or any other websites operated by JAKKS upon issuance to you of a Denial of Access notice. If you do not so cease and desist, you hereby consent to an injunction, to be entered against you by a court of competent jurisdiction as provided in these Terms Of Use, permanently restraining you from attempting to access such website(s). JAKKS will prosecute, to the fullest extent allowed by law, users who misuse this website or violate this Terms of Use agreement.

14. DENIAL OF ACCESS

The Online Copyright Infringement Liability Limitation Act, 17 U.S.C. § 512 (a part of the Digital Millennium Copyright Act), permits a service provider to designate an agent to receive notification of certain claimed infringements of copyright. JAKKS has accordingly designated such an agent and, in doing so, provided the following information to the United States Copyright Office. If you believe that you have a claim for copyright infringement, send written notification to the agent specified below. The written information must include:

a description of the work that you claim has been infringed; a URL and description of the location of the infringement; your contact information; a statement that you believe, in good faith, that JAKKS does not have authorization to use the material and that you have authority to act on the alleged infringement, and your signature.

JAKKS’ Copyright Agent can be reached as follows:
Address: 2951 28th St. Santa Monica, CA 90405
Phone Number: (424) 268-9444
Email: legal@jakks.net

This contact information is only for reporting claims of copyright infringement. Contact information for other matters is provided elsewhere on the Site.

The United States Copyright Office’s Directory of Service Provider Agents for Notification of Claims of Infringement may be consulted at: www.copyright.gov or by calling (202) 707-3000.

15. ENTIRE AGREEMENT

This is the entire agreement between JAKKS, the JAKKS Affiliated Entities, and you relating to this website, these Terms of Use and the subject matter herein, and shall not be modified except by the posting of updated Terms of Use on this website by JAKKS or an agreement in writing signed by all parties.

16. TERMINATION

These Terms of Use are effective until terminated by either party. You may terminate these Terms of Use at any time by discontinuing use of this website and destroying all materials obtained from the site and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. Your access to this website may be terminated immediately without notice from JAKKS at JAKKS’ sole discretion for any reason. Upon such termination, you must cease use of this website and destroy all materials obtained from such site and all copies thereof, whether made under these Terms of Use or otherwise. Any use of the website prior to any termination will be governed by the Terms of Use in effect at the applicable time prior to the termination.